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MANUAL  OF  THE  LABOR  LAWS 


ENFORCED  BY 

STATE  BOARD  OF  LABOR  AND  INDUSTRIES 

1 BEACON  STREET 
BOSTON,  MASS. 


JUNE,  1915 


BOSTON 

WRIGHT  6C  POTTER  PRINTING  CO.,  STATE  PRINTERS 
32  DERNE  STREET 
1915 


Approved  by 

The  State  Board  op  Publication. 


fv\3'3\Yn 

STATE  BOARD  OF  LABOR  AND  INDUSTRIES. 


ALFRED  W.  DONOVAIST,  Chairman, 


EDWIN  MULREADY, 
Commissioner  of  Labor, 


CORNELIUS  J.  CARMODY, 
Deputy  Commissioner  (Labor), 


THOMAS  F.  HARRINGTON,  M.D., 
Deputy  Commissioner  (Medical), 


1 Beacon  Street,  Boston,  Mass. 


406  Globe  Building,  Fall  River,  Mass. 

520  Bay  State  Building,  Lawrence,  Mass. 
New  Kimball  Building,  North  Adams,  Mass. 
21  Besse  Place,  Springfield,  Mass. 

405  Slater  Building,  Worcester,  Mass. 


JOHN  F.  TOBIN. 

Mrs.  DAVIS  R.  DEWEY. 


JAMES  A.  DONOVAN. 

Dr.  ALFRED  H.  QUESSY. 


Main  Office. 


Branch  Offices. 


PKEFACE. 


This  manual  is  published  for  the  convenience  of  persons  con- 
nected with  or  interested  in  the  work  of  the  State  Board  of  Labor 
and  Industries. 

In  order  to  state  concisely  the  laws  enforced  by  this  Board,  it 
has  been  thought  best  to  publish  the  latest  enactments  concerning 
the  different  features  of  the  work,  merely  giving  reference  to  the 
laws  which  have  been  amended  by  such  enactments.  It  is  in- 
tended to  be  a complete  statement  of  the  labor  laws  as  affecting 
this  department,  including  the  laws  enacted  by  the  General  Court 
for  the  year  1915.  The  headlines  and  the  sectional  headings 
printed  in  bold  type  are  not  a part  of  the  law,  but  are  used  to 
facilitate  easy  reference. 

It  should  be  understood  that  this  manual  deals  only  with  those 
laws  which  directly  or  indirectly  come  within  the  jurisdiction  of 
the  State  Board  of  Labor  and  Industries. 


June,  1915. 


EDWIN  MULREADY, 
Commissioner  of  Labor. 


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MANUAL  OF  THE  LABOR  LAWS 


STATE  BOARD  OF  LABOR  AND  INDUSTRIES. 

Acts  of  1912,  Chapter  726. 

Appointment.  — Section  1.  There  is  hereby  established  a 
state  board  of  labor  and  industries  to  be  composed  of  five  persons 
who  shall  be  appointed  by  the  governor,  with  the  advice  and  con- 
sent of  the  council.  The  terms  of  office  of  the  members  of  the 
board  shall  be  five  years,  except  that  when  first  appointed  one  of 
the  members  shall  be  appointed  for  four  years,  one  for  three 
years,  one  for  two  years,  and  one  for  one  year,  the  member  at 
that  time  appointed  for  five  years  to  be  chairman.  Thereafter 
a member  shall  be  appointed  each  year,  for  a term  of  five  years. 
One  member  of  the  board  shall  be  an  employer  of  labor,  one  a 
wage-earner,  one  a physician  or  a sanitary  engineer,  and  at  least 
one  a woman.  The  governor,  with  the  advice  and  consent  of  the 
council,  shall  have  power  to  fill  by  appointment  for  the  unex- 
pired term  any  vacancy  that  may  occur  in  the  board. 

Commissioner  of  Labor.  — Section  2.  There  shall  be  a com- 
missioner of  labor,  who  shall  be  appointed  by  the  board.  He  shall 
serve  for  such  term  as  the  board  may  determine,  and  may  be  re- 
moved at  any  time  by  the  board  by  vote  of  a majority  of  its 
members.  Upon  such  removal  a statement  of  reasons  therefor 
shall  be  filed  by  the  board  with  the  governor.  The  commissioner 
of  labor  shall  devote  all  his  time  to  the  affairs  of  the  board,  under 
its  direction. 

Salaries,  Expenses,  OiBces.  — Section  3.  The  salary  of 
the  chairman  of  the  board  shall  be  fifteen  hundred  dollars  a year, 
and  the  salaries  of  each  of  the  other  members  of  the  board  shall 
be  one  thousand  dollars  a year.  The  salary  of  the  commissioner 
of  labor  shall  be  determined  by  the  board,  and  shall  not  be  less 


8 


than  five  thousand  nor  more  than  seventy-five  hundred  dollars  a 
year.  The  board  may  incur  other  necesSary  expenses  for  carrying 
out  the  provisions  of  this  act,  nnt  exceeding  the  annual  appro- 
priation therefor.  It  shall  be  provided  with  offices  in  the  state 
house  or  in  some  other  suitable  building  in  the  city  of  Boston,  and 
elsewhere  in  the  commonwealth  if  approved  by  the  governor  and 
council. 

Investigation.  — Section  4.  The  board  may  investigate  the 
conditions  existing  in  any  line  of  industry  carried  on  by  inhab- 
itants of  the  commonwealth,  and  such  investigations  may  be  ex- 
tended outside  of  the  commonwealth  to  procure  information  for 
the  promotion  of  industrial  development  or  the  improvement  of 
industrial  conditions.  The  board  shall  receive  all  complaints  con- 
cerning conditions  existing  in  any  industry  carried  on  by  inhab- 
itants of  the  commonwealth,  or  concerning  alleged  violations  of 
any  laws  enforced  under  its  direction,  and  shall  thereupon  make 
or  direct  all  needful  and  appropriate  investigations  and  prosecu- 
tions. It  may  employ  experts  or  other  necessary  assistants  to  aid 
in  the  performance  of  any  duty  imposed  upon  it  by  law.  It  may 
make  rules  not  inconsistent  with  existing  law  for  carrying  out  the 
provisions  of  this  act. 

Enforcement  of  Laws.  — Section  5.  All  powers  and  duties 
with  reference  to  the  enforcement  of  laws  relating  to  labor  and 
the  employment  thereof,  the  inspection  and  licensing  of  buildings 
or  parts  of  buildings  used  for  industrial  purposes,  the  inspection 
and  licensing  of  the  workers  therein  and  of  all  other  industrial 
employees  within  the  commonwealth,  the  enforcement  of  laws  re- 
lating to  the  employment  of  women  and  minors,  and  the  institu- 
tion of  proceedings  in  prosecution  of  violations  of  any  of  the  said 
laws,  now  conferred  or  imposed  by  law  upon  the  state  board  of 
health  or  state  inspectors  of  health,  or  upon  the  chief  of  the 
district  police,  the  inspectors  of  factories  and  public  buildings  of 
the  district  police,  or  the  inspection  department  of  the  district 
police,  or  the  deputy  chief  of  the  inspection  department  of  the 
district  police,  with  the  exception  of  such  duties  and  powers  as 
are  now  imposed  by  law  upon  the  chief  inspector  of  boilers  or  the 
boiler  inspectors  of  the  district  police,  and  with  the  further  ex- 
ception of  such  powers  and  duties  as  relate  to  the  inspection  of 


9 


buildings  under  erection,  alteration  or  repair,  are  hereby  trans- 
ferred to  the  state  board  of  labor  and  industries.  Said  board 
may  delegate  to  such  commissioner,  deputy  commissioners  or  in- 
spectors as  are  under  its  direction  such  of  the  above  powers  as 
it  may  deem  necessary  to  carry  out  the  provisions  of  this  act. 

Buildings  used  for  industrial  purposes  under  the  meaning  of 
this  act  shall  include  factories,  workshops,  bakeries,  mechanical 
establishments,  laundries,  foundries,  tenement-house  workrooms, 
all  other  buildings  or  parts  of  buildings  in  which  manufacturing 
is  carried  on,  and  mercantile  establishments  as  defined  in  section 
seventeen  of  chapter  five  hundred  and  fourteen  of  the  acts  of  the 
year  nineteen  hundred  and  nine. 

Section  6.  Nothing  in  this  act  shall  be  construed  to  prevent 
the  state  inspectors  of  health  from  entering  buildings  used  for 
industrial  purposes  when  required  by  their  duty  to  protect  the 
health  of  the  community,  especially  as  prescribed  by  section  three 
of  chapter  five  hundred  and  thirty-seven  of  the  acts  of  the  year 
nineteen  hundred  and  seven,  except  that  the  duty  therein  pre- 
scribed of  informing  themselves  concerning  the  health  of  minors 
in  factories  is  hereby  transferred  to  the  state  board  of  labor  and 
industries.  The  said  board  shall  promptly  report  to  the  state 
board  of  health  all  cases  of  disease  in  industrial  establishments 
which  may  affect  the  health  of  the  community. 

Deputy  Commissioners.  — Section  7.  The  board  may  ap- 
point not  more  than  two  deputy  commissioners  of  labor  who  shall 
be  under  the  direction  of  and  responsible  to,  the  commissioner. 
One  of  the  said  deputies  shall  be  especially  qualified  to  supervise 
the  enforcement  of  laws  under  the  jurisdiction  of  the  board  which 
relate  to  the  health  of  persons  employed  in  buildings  used  for 
industrial  purposes  and  shall  be  charged  with  that  duty.  Further 
division  of  powers  and  duties  between  the  deputy  commissioners 
may  be  made  by  the  board,  which  shall  also  fix  their  salaries  and 
terms  of  office  with  the  approval  of  the  governor  and  council. 
The  board  shall  have  power  to  remove  a deputy  commissioner 
from  office  at  any  time  by  vote  of  a majority  of  its  members. 


10 


Acts  of  1912,  Chapter  726,  Section  8,  as  amended  by  Acts  of  1913,  Chapter  813,  Section 
8,  and  by  Acts  of  1915,  Chapter  74  (General). 

Inspectors  and  Clerical  Assistants.  — The  board  shall  have 
power  to  appoint  and  remove  industrial  health  inspectors,  in- 
dustrial inspectors,  assistant  industrial  inspectors,  and  necessary 
clerical  assistants,  subject  to  the  laws  of  the  commonwealth  re- 
lating to  the  appointment  and  removal  of  employees  in  the 
classified  civil  service.  The  total  number  of  industrial  health 
inspectors,  industrial  inspectors  and  assistant  industrial  inspectors 
shall  not  exceed  twenty-four,  of  whom  at  least  four  shall  be 
women.  The  state  civil  service  commissioners  shall  prepare  rules, 
subject  to  the  approval  of  the  governor  and  council,  for  including 
in  the  classified  service  all  industrial  health  inspectors,  industrial 
inspectors,  assistant  industrial  inspectors,  and  clerical  assistants. 
These  rules  shall  provide  that  candidates  for  appointments  shall 
pass  an  examination  of  a comprehensive  and  practical  character 
based  upon  the  particular  requirements  of  the  kind  of  work  to  be 
done : provided^  that  persons  employed  at  the  time  when  this  act 
takes  effect  as  inspectors  of  factories  and  public  buildings  in  the 
inspection  department  of  the  district  police  and  not  retained  in 
said  department,  as  provided  in  section  twelve  of  this  act,  shall  be 
transferred  without  such  special  examination,  and  without  regard 
to  age,  to  serve  as  industrial  inspectors.  Such  transfer  shall  not 
affect  any  rights  of  retirement  with  pension  that  shall  have  ac- 
crued at  the  date  when  it  is  made,  or  would  thereafter  accrue  to 
an  inspector  so  transferred,  but  all  such  rights  shall  be  retained 
by  any  inspector  as  if  he  had  remained  a district  police  officer. 
Industrial  health  inspectors  shall  be  persons  admitted  to  practice 
medicine  in  this  commonwealth,  or  persons  especially  qualified  by 
technical  education  in  matters  relating  to  health  and  sanitation. 

Inspectors  and  assistant  inspectors  shall  be  not  over  forty-five 
years  of  age  on  the  date  of  their  first  appointment,  but  this  age 
limit  shall  not  apply  to  any  reappointment,  or  to  the  first  appoint- 
ment of  any  person  who  filed  his  application  for  examination  by 
the  civil  servdce  commission  for  such  position  prior  to  the  first 
day  of  January,  nineteen  hundred  and  fifteen,  and  who  was  not 
then  over  forty-five  years  of  age. 


11 


Industrial  health  inspectors,  industrial  inspectors  and  assistant 
industrial  inspectors  shall  devote  their  entire  time  to  the  affairs 
of  the  board. 

Each  inspector  shall,  before  entering  upon  his  duties,  be  sworn 
to  the  faithful  performance  thereof. 

The  salaries  of  the  industrial  health  inspectors,  industrial  in- 
spectors and  assistant  industrial  inspectors  shall  be  determined 
by  the  board  with  the  approval  of  the  governor  and  council  and 
shall  be  graded  and  of  sufficient  amount  to  secure  competent  men 
and  women  for  the  service;  provided^  however,  that  the  salaries 
of  the  industrial  inspectors  shall  be  not  less  than  fifteen  hundred 
dollars  a year,  and  provided,  further,  that  the  amount  expended 
by  the  board  in  any  year  for  such  salaries  shall  not  exceed  the 
annual  appropriation  therefor.  All  salaries  provided  for  under 
this  act  shall  be  paid  out  of  the  treasury  of  the  commonwealth. 

Inspection  Districts.  — Section  9.  The  commissioner  of 
labor  may  divide  the  commonwealth  into  inspection  districts,  and 
may  assign  the  number  of  industrial  health  inspectors,  industrial 
inspectors  and  assistant  industrial  inspectors  thereto  which  he 
deems  necessary,  all  with  the  consent  of  the  board.  Any  order 
made  by  a deputy  commissioner  or  inspector  may  be  amended, 
suspended  or  revoked  by  the  commissioner  of  labor  or  by  the 
board,  and  any  order  made  by  the  commissioner  may  be  amended, 
suspended  or  revoked  by  the  board. 

Gratuities.  — Section  10.  Any  inspector  under  the  state 
board  of  labor  and  industries  who  directly  or  indirectly  receives  a 
reward,  gift  or  gratuity  on  account  of  his  official  services,  shall 
be  punished  by  a fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  three  months;  and  shall  also 
be  discharged  from  office. 

Inspectors  to  possess  Certain  Police  Powers.  — Section 
11.  For  the  enforcement  of  any  law  within  the  jurisdiction  of 
the  state  board  of  labor  and  industries,  industrial  health  in- 
spectors, industrial  inspectors  and  assistant  industrial  inspectors 
shall  possess  the  police  powers  granted  by  existing  law  to  members 
of  the  inspection  department  of  the  district  police. 

Transfer  of  Inspectors.  — Section  12.  The  office  of  inspector 
of  factories  and  public  buildings  in  the  inspection  department 


12 


of  the  district  police  is  hereby  abolished.  The  inspectors  of  fac- 
tories and  public  buildings  who  are,  at  the  time  of  the  passage 
of  this  act,  serving  as  building  inspectors,  so-called,  shall  remain 
members  of  the  district  police  force  with  the  title  of  inspectors  of 
buildings.  The  total  number  of  such  inspectors  shall  be  eighteen, 
and,  upon  the  taking  effect  of  this  act,  the  governor  shall  desig- 
nate from  among  the  inspectors  of  factories  and  public  buildings 
who  are  at  the  time  of  its  passage  serving  as  factory  inspectors, 
so-called,  a sufficient  number  of  such  inspectors  to  remain  mem- 
bers of  the  district  police  and  to  serve  as  inspectors  of  buildings 
to  complete  this  number.  The  remaining  inspectors  of  factories 
and  public  buildings  shall,  upon  the  taking  effect  of  this  act,  be 
transferred  to  service  under  the  state  board  of  labor  and  indus- 
tries as  provided  in  section  eight  of  this  act.  Inspectors  of  build- 
ings shall  have  the  powers  and  be  charged  with  the  duties  of  the 
present  inspectors  of  factories  and  public  buildings  of  the  district 
police,  except  as  otherwise  provided  in  this  act. 

Acts  of  1913,  Chapter  424. 

The  inspectors  of  factories  and  public  buildings  of  the  district 
police  who  were  transferred  to  the  state  board  of  labor  and  in- 
dustries, established  by  chapter  seven  hundred  and  twenty-six  of 
the  acts  of  the  year  nineteen  hundred  and  twelve,  shall,  upon 
their  request  in  writing  to  the  governor,  be  transferred  to  the 
building  department  of  the  district  police  to  fill  any  vacancies  in 
that  department  which  may  occur  after  the  first  day  of  June  in 
the  year  nineteen  hundred  and  thirteen. 

Section  13.  [Repealed  by  Acts  of  1913,  chapter  746.] 


Acts  of  1912,  Chapter  726,  Section  14,  amended  by  Acts  of  1914,  Chapter  533. 

Annual  Report.  — Section  14.  The  board  shall  annually,  on 
or  before  the  first  Wednesday  in  January,  submit  to  the  general 
court  a report  containing  a statement  of  the  character  and  re- 
sults of  the  work  performed  by  it  or  under  its  direction  during 
the  preceding  year  and  of  the  expenditures  for  the  year,  together 
with  an  estimate  of  the  sum  required  for  the  ensuing  year  and 
recommendations  for  such  additional  legislation  as  the  board  shall 


13 


deem  necessary.  Thirty-five  hundred  copies  of  the  report  shall 
be  printed,  of  which  number  twenty-five  hundred  copies  shall  be 
delivered  to  the  said  board  for  distribution.  Five  hundred  copies 
of  those  delivered  to  the  board  for  distribution  shall  be  bound 
in  cloth. 

Repeal  of  Inconsistent  Acts.  — Section  15.  All  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed;  but  noth- 
ing in  this  act  shall  be  construed  as  affecting  the  duties  of  the 
bureau  of  statistics  as  defined  by  chapter  three  hundred  and 
seventy-one  of  the  acts  of  the  year  nineteen  hundred  and  nine. 


14 


JOINT.  BOARD  OF  LABOR  AND  INDUSTRIES  AND 
INDUSTRIAL  ACCIDENT  BOARD. 

Acts  of  1913,  Chapter  813. 

Powers  and  Duties.  — Section  1.  The  state  board  of  labor 
and  industries  and  the  industrial  accident  board,  sitting  jointly, 
shall  investigate  from  time  to  time  employments  and  places  of 
employment  within  the  commonwealth,  and  determine  what  suit- 
able safety  devices  or  other  reasonable  means  or  requirements  for 
the  prevention  of  accidents  shall  be  adopted  or  followed  in  any  or 
all  such  employments  or  places  of  employment;  and  also  shall  de- 
termine what  suitable  devices  or  other  reasonable  means  or  require- 
ments for  the  prevention  of  industrial  or  occupational  diseases 
shall  be  adopted  or  followed  in  any  or  all  such  employments  or 
places  of  employment;  and  shall  make  reasonable  rules,  regula- 
tions and  orders  for  the  prevention  of  accidents  and  the  preven- 
tion of  industrial  or  occupational  diseases  in  such  employment  or 
places  of  employment.  Such  rules,  regulations  and  orders  may 
apply  to  both  employer  and  employee. 

Hearings.  — Section  2.  Before  the  adoption  of  any  rule  or 
regulation  by  the  said  joint  board  a hearing  shall  be  given,  and 
not  less  than  ten  days  before  the  hearing  a notice  thereof  shall  be 
published  in  at  least  three  newspapers,  of  which  one  shall  be  pub- 
lished in  the  city  of  Boston.  Such  rules  or  regulations  shall  upon 
adoption  be  published  in  like  manner,  and  shall  take  effect  thirty 
days  after  such  publication,  or  at  such  later  time  as  the  board  may 
fix.  Before  the  adoption  of  any  order  a hearing  shall  be  given 
thereon,  of  which  a notice  of  not  less  than  ten  days  shall  be  given 
to  the  individuals,  firms,  corporations  or  associations  affected 
thereby. 

Committees.  — Section  3.  The  joint  board  may  appoint  com- 
mittees, on  which  employers  and  employees  shall  be  represented, 
to  investigate  and  recommend  rules  and  regulations. 

Joint  Work.  — Section  4.  The  joint  board  shall  make  such 
general  arrangements  between  the  two  boards  as  will  prevent 
duplication  of  effort  but  the  inspection  and  investigation  carried 
on  by  the  state  board  of  labor  and  industries  shall  be  a regular 


15 


and  systematic  inspection  and  investigation  of  all  places  of  em- 
ployment and  the  conditions  of  safety  and  health  pertaining 
thereto,  and  the  inspection  and  investigation  carried  on  by  the 
industrial  accident  board  shall  be  that  relating  to  causes  of  in- 
juries for  which  compensation  may  be  claimed. 

Section  5.  Any  member  or  employee  of  either  board  may  enter 
any  place  of  employment  for  any  purpose  under  this  act  at  any 
time  when  the  place  of  employment  is  being  used  for  business 
purposes. 

Industrial  Disease. — Section  6.  The  joint  board  may  re- 
quire every  physician  treating  a patient  whom  he  believes  to  be 
sutfering  from  any  ailment  or  disease  contracted  as  a result  of  the 
nature,  circumstances  or  conditions  of  the  patient^s  employment 
to  report  such  information  relating  thereto  as  it  may  require, 
within  such  time  as  it  may  fix,  to  the  state  board  of  labor  and 
industries,  and  may  issue  a list  of  such  diseases  which  shall  be 
regularly  reported  upon  by  physicians  and  may  add  to  or  change 
such  list  at  any  time.  Copies  of  all  such  reports  and  all  statistics 
and  data  compiled  therefrom  shall  be  kept  by  the  state  board  of 
labor  and  industries,  and  shall  be  furnished  on  request  to  the  in- 
dustrial accident  board  and  the  state  board  of  health. 

Chairman.  — Section  7.  All  hearings  by  the  joint  board  shall 
be  open  to  the  public.  The  chairman  of  the  state  board  of  labor 
and  industries  and  the  chairman  of  the  industrial  accident  board 
shall  act  alternately  as  chairman  of  the  joint  board,  and  the  said 
board  may  designate  one  of  the  employees  of  either  board  to  act 
as  secretary. 

Section  8.  Section  eight  of  chapter  seven  hundred  and  twenty- 
six  of  the  acts  of  the  year  nineteen  hundred  and  twelve  ^ is  hereby 
amended  by  adding  at  the  end  of  the  first  paragraph  thereof  the 
words : — or  persons  especially  qualified  by  technical  education  in 
matters  relating  to  health  and  sanitation. 

Inspectors.  — Section  9.  The  industrial  accident  board  may 
appoint  and  remove  not  more  than  six  inspectors,  subject  to  the 
laws  relating  to  the  appointment  and  removal  of  employees  in  the 
classified  civil  service.  They  shall  be  required  to  pass  examina- 


See  page  10. 


16 


tions  of  a comprehensive  and  practical  character  based  upon  the 
particular  requirements  of  the  kinds  of  work  to  be  done,  shall  be 
graded  in  such  manner  as  the  board  may  deem  expedient,  and 
shall  receive  such  salaries  as  the  board,  with  the  approval  of  the 
governor  and  council,  may  fix. 

Joint  Board  Rulings  shall  prevail.  — Section  10.  If  any 

rule  or  regulation  made  under  authority  of  section  eighteen  of 
Part  IV  of  chapter  seven  hundred  and  fifty-one  of  the  acts  of  the 
year  nineteen  hundred  and  eleven  conflicts  with  or  differs  from  a 
rule  or  regulation  of  the  joint  board,  the  rule  or  regulation  of  the 
joint  board  shall  prevail. 

Annual  Estimate  of  Expenses.  — Section  11.  There  may 
be  expended  annually  by  the  joint  board  in  carrying  out  the  pro- 
visions of  this  act  such  sums  as  the  general  court  may  appropriate. 
The  joint  board  shall  annually  submit  to  the  auditor  of  the  com- 
monwealth such  statements  of  estimates  to  cover  its  expenses  as 
are  required  by  section  three  of  chapter  seven  hundred  and  nine- 
teen of  the  acts  of  the  year  nineteen  hundred  and  twelve. 

Definitions.^  — Section  12.  The  following  terms  and  phrases, 
as  used  in  this  act,  shall  have  the  following  meanings : — 

(a)  The  term  employment  shall  mean  and  include  any  trade, 
occupation  or  branch  of  industry,  any  particular  method  or  process 
used  therein,  and  the  service  of  any  particular  employer;  but  shall 
not  include  private  domestic  service  or  service  as  a farm  laborer. 

(b)  The  phrase  place  of  employment  shall  mean  and  include 
every  place  whether  indoors  or  out  or  underground  and  the  prem- 
ises appurtenant  thereto,  into,  in  or  upon  which  any  employee  goes 
or  remains  either  temporarily  or  regularly  in  the  course  of  his 
employment. 

(c)  The  terms  ^^safe^^  and  safety as  used  in  this  act,  shall 
be  held  to  relate  to  such  freedom  from  danger  to  the  life,  safety 
and  health  of  employees  as  the  nature  of  the  employment  will 
reasonably  permit. 

(d)  The  terms  industrial  disease  and  occupational  disease  ” 
shall  mean  and  include  any  ailment  or  disease  caused  by  the  na- 
ture, circumstances  or  conditions  of  the  employment. 


{Also  see  General,  page  96.) 


17 


Penalty  for  Violation.  — Section  13.  Whoever  violates  any 
reasonable  rule,  regulation,  order  or  requirement  made  by  the 
joint  board  under  authority  hereof,  shall  be  punished  by  a fine 
of  not  more  than  one  hundred  dollars  for  each  offence. 

Repeal  of  Inconsistent  Acts.  — Section  14.  All  acts  and 
parts  of  acts  inconsistent  herewith  are  hereby  repealed;  but  this 
provision  shall  not  be  construed  to  take  away  any  of  the  existing 
powers  of  the  industrial  accident  board,  the  board  of  railroad 
commissioners,  the  state  board  of  health,  the  board  of  boiler  rules, 
the  boiler  inspection  department  of  the  district  police,  or  the 
building  inspection  department  of  the  district  police,  or  any  power 
given  to  the  state  board  of  labor  and  industries  by  chapter  seven 
hundred  and  twenty-six  of  the  acts  of  the  year  nineteen  hundred 
and  twelve. 


18 


MINORS. 

EDUCATION. 

Revised  Laws,  Chapter  44,  Section  1,  amended  by  Acts  of  1905,  Chapter  320,  by  Acts  of 
1906,  Chapter  383,  by  Acts  of  1913,  Chapter  779,  Section  1,  and  by  Acts  of  1915, 
Chapter  81  (General). 

Compulsory  School  Attendance  for  Children  of  Certain 
Ages.  — Section  1.  Every  child  between  seven  and  fourteen 
years  of  age,  every  child  under  sixteen  years  of  age  who  does  not 
possess  such  ability  to  read,  write  and  spell  in  the  English  lan- 
guage as  is  required  for  the  completion  of  the  fourth  grade  of 
the  public  schools  of  the  city  or  town  in  which  he  resides,  and 
every  child  under  sixteen  years  of  age  who  has  not  received  an 
employment  certificate  as  provided  in  this  act  and  is  not  engaged 
in  some  regular  employment  or  business  for  at  least  six  hours 
per  day  or  has  not  the  written  permission  of  the  superintendent 
of  schools  of  the  city  or  town  in  which  he  resides  to  engage  in 
profitable  employment  at  home,  shall  attend  a public  day  school 
in  said  city  or  town  or  some  other  day  school  approved  by  the 
school  committee,  during  the  entire  time  the  public  schools  are  in 
session,  subject  to  such  exceptions  as  are  provided  for  in  sections 
four,  five  and  six  of  this  chapter  and  in  section  three  of  chapter 
forty-two  of  the  Revised  Laws,  as  amended  by  chapter  four  hun- 
dred and  thirty-three  of  the  acts  of  the  year  nineteen  hundred  and 
two,  and  by  chapter  five  hundred  and  thirty-seven  of  the  acts  of 
the  year  nineteen  hundred  and  eleven;  but  such  attendance  shall 
not  be  required  of  a child  whose  physical  or  mental  condition  is 
such  as  to  render  attendance  inexpedient  or  impracticable,  or  who 
is  being  otherwise  instructed  in  a manner  approved  in  advance  by 
the  superintendent  of  schools  or  the  school  committee.  The  super- 
intendent of  schools,  or  teachers  in  so  far  as  authorized  by  said 
superintendent  or  by  the  school  committee,  may  excuse  cases  of 
necessarj^  absence  for  other  causes  not  exceeding  seven  day  ses- 
sions or  fourteen  half-day  sessions  in  any  period  of  six  months. 
For  the  purposes  of  this  section,  school  committees  shall  approve 
a private  school  only  when  the  instruction  in  all  the  studies  re- 
quired by  law  is  in  the  English  language,  and  when  they  are  sat- 


19 


isfied  that  such  instruction  equals  in  thoroughness  and  efficiency, 
and  in  the  progress  made  therein,  the  instruction  in  the  public 
schools  in  the  same  city  or  town;  but  they  shall  not  refuse  to 
approve  a private  school  on  account  of  the  religious  teaching 
therein. 

Section  2.  Every  person  having  under  his  control  a child  as 
described  in  section  one  shall  cause  him  to  attend  school  as  therein 
required,  and,  if  he  fails  for  seven  day  sessions  or  fourteen  half- 
day sessions  within  any  period  of  six  months  while  such  control 
obtains,  to  cause  such  child  so  to  attend  school,  he  shall,  upon 
complaint  by  an  attendance  officer  and  conviction  thereof,  be 
punished  by  a fine  of  not  more  than  twenty  dollars,  and  no  phys- 
ical or  mental  condition  which  is  capable  of  correction,  or  which 
renders  the  child  a fit  subject  for  special  instruction  at  public 
charge  in  institutions  other  than  public  day  schools,  shall  avail 
as  defence  under  the  provisions  of  this  or  the  preceding  section, 
unless  it  shall  be  made  to  appear  that  the  defendant  has  em- 
ploj^ed  all  reasonable  measures  for  the  correction  of  the  condition 
and  the  suitable  instruction  of  the  child. 

Whoever  induces  or  attempts  to  induce  a child  to  absent  him- 
self unlawfully  from  school,  or  employs  or  harbors  a child  while 
school  is  in  session,  shall  be  punished  by  a fine  of  not  less  than 
ten  nor  more  than  fifty  dollars. 


Acts  of  1915,  Chapter  94  (General). 

Transfer  Cards  for  Public  School  Pupils.  — When  any 
child  required  bj^  section  one  of  chapter  forty-four  of  the  Re- 
vised Laws,  as  amended  by  section  one  of  chapter  seven  hundred 
and  seventy-nine  of  the  acts  of  the  year  nineteen  hundred  and 
thirteen,  to  attend  school  is  being  educated  in  any  public  or  pri- 
vate school  or  in  any  institution  in  any  city  or  town,  and  leaves 
such  school  or  institution  because  of  change  of  residence  to  an- 
other city  or  town  in  the  commonwealth,  the  superintendent  of 
schools,  if  the  child  attends  a public  school,  and  the  person  in 
charge,  if  the  child  attends  a private  school  or  is  being  educated 
in  any  institution,  shall  furnish  to  such  child  a transfer  card 
giving  the  name  of  the  child,  his  age,  his  grade  in  school,  and  in 
every  case  possible,  the  street  and  number  of  his  new  residence. 


20 


and  shall  send  without  delay  a similar  transfer  card  to  the  super- 
intendent of  schools  of  the  city  or  town  in  which  the  child  is  to 
reside. 


Revised  Laws,  Chapter  42,  Section  11,  amended  by  Acts  of  1914,  Chapter  590. 

Public  Evening  Schools.  — Any  town  may,  and  every  city  or 
town  in  which  there  are  issued  during  the  year  from  September 
first  to  August  thirty-first  certificates  authorizing  the  employment 
of  twenty  or  more  persons  w^ho  do  not  possess  the  educational 
qualifications  enumerated  in  section  one  of  chapter  forty-four  of 
the  Revised  Laws,  as  amended,  shall  maintain  during  the  follow- 
ing school  year  an  evening  school  or  schools  for  the  instruction  of 
persons  over  fourteen  years  of  age  in  orthography,  reading,  writ- 
ing, the  English  language  and  grammar,  geography,  arithmetic, 
industrial  drawing,  both  free  hand  and  mechanical,  the  history  of 
the  United  States,  physiology  and  hygiene  and  good  behavior. 
Such  other  subjects  may  be  taught  in  such  schools  as  the  school 
committee  considers  expedient. 

Acts  of  1913,  Chapter  805. 

Continuation  Schools.  — Section  1.  When  the  school  com- 
mittee of  any  city  or  town  shall  have  established  continuation 
schools  or  courses  of  instruction  for  the  education  of  minors  be- 
tween fourteen  and  sixteen  years  of  age  who  are  regularly  em- 
ployed in  such  city  or  town  not  less  than  six  hours  per  day,  such 
school  committee  may,  with  the  consent  of  the  board  of  education, 
require  the  attendance  in  such  continuation  schools  or  on  such 
courses  of  instruction  of  every  such  minor  thereafter  receiving  an 
employment  certificate  and  who  is  not  otherwise  receiving  instruc- 
tion approved  by  the  school  committee  as  equivalent  to  that  pro- 
vided in  schools  established  under  the  provisions  of  this  act.  The 
required  attendance  prov^ed  for  in  this  act  shall  be  at  the  rate  of 
not  less  than  four  hours  per  week  and  shall  be  between  the  hours 
of  eight  o’clock  in  the  morning  and  six  o’clock  in  the  afternoon 
of  any  working  day  or  days.  The  time  spent  by  a child  in  a 
continuation  school  or  class  shall  be  reckoned  as  a part  of  the  time 
or  number  of  hours  that  minors  are  permitted  by  law  to  work. 


21 


Section  2.  Continuation  schools  or  courses  of  instruction  as 
provided  in  section  one  of  this  act,  shall,  so  long  as  they  are 
approved  by  the  board  of  education  as  to  organization,  control, 
location,  equipment,  courses  of  study,  qualifications  of  teachers, 
methods  of  instruction,  conditions  of  admission,  employment  of 
pupils  and  expenditure  of  the  money,  constitute  approved  con- 
tinuation schools  or  courses  of  instruction.  Cities  and  towns 
maintaining  such  approved  continuation  schools  or  courses  of  in- 
struction shall  receive  reimbursement  from  the  commonwealth,  as 
provided  in  section  three  of  this  act. 

Section  3.  The  commonwealth,  in  order  to  aid  in  the  mainte- 
nance of  approved  continuation  schools  or  courses,  shall  as  pro- 
vided in  this  act  pay  annually  from  the  treasury  to  cities  and 
towns  maintaining  such  schools  or  courses  an  amount  equal  to  one 
half  of  the  sum  to  be  known  as  the  net  maintenance  sum.  Such 
net  maintenance  sum  shall  consist  of  the  total  sum  raised  by  local 
taxation  and  expended  for  the  maintenance  of  such  a school,  less 
the  amount,  for  the  same  period,  of  tuition  claims  paid  or  unpaid 
and  receipts  from  the  work  of  pupils  or  the  sale  of  products. 

Section  4.  When  the  school  committee  of  any  city  or  town 
shall  have  established  a continuation  school  or  courses  of  instruc- 
tion as  provided  in  section  one  of  this  act,  the  said  school  com- 
mittee may  require  the  attendance,  as  provided  in  section  one  of 
this  act,  in  such  continuation  school  or  on  such  courses  of  instruc- 
tion of  all  minors  between  fourteen  and  sixteen  years  of  age 
residing  in  said  city  or  town  who  are  regularly  employed  in  an- 
other city  or  town : provided,  that  the  city  or  town  in  which  such 
minors  are  employed  does  not  maintain  and  require  attendance  at 
a continuation  school  or  courses  of  instruction  as  defined  in  section 
one  of  this  act. 

Section  5.  Any  minor  between  fourteen  and  sixteen  years  of 
age  who  is  regularly  employed  in  a city  or  town  other  than  that 
in  which  the  said  minor  resides  may  attend  a continuation  school 
or  courses  of  instruction,  as  provided  in  section  one  of  this  act, 
in  the  city  or  town  in  which  such  minor  resides.  Any  minor  at- 
tending a continuation  school  or  courses  of  instruction,  as  herein- 
before described,  in  the  city  or  town  of  his  residence  in  preference 
to  attending  such  school  or  courses  of  instruction  in  the  city  or 


22 


town  of  his  employment,  shall  file  or  cause  to  be  filed  regularly, 
at  least  once  a month,*  with  the  superintendent,  or  his  representa- 
tive duly  authorized  in  writing,  of  the  city  or  town  in  which  such 
minor  is  employed,  a report  of  attendance  certified  by  the  superin- 
tendent, or  his  representative  duly  authorized  in  writing,  of  the 
city  or  town  in  which  such  minor  is  attending  school:  provided, 
however,  that  the  filing  of  such  certified  report  of  attendance  with 
the  superintendent  of  a city  or  town  in  which  attendance  at  con- 
tinuation schools  or  courses  of  instruction  as  defined  in  section 
one  of  this  act  is  not  compulsory  shall  not  be  required. 

Section  6.  The  employer  of  any  minor  between  fourteen  and 
sixteen  years  of  age  who  is  compelled  by  the  provisions  and  regu- 
lations either  of  the  school  committee  in  the  city  or  town  in 
which  such  minor  resides  or  of  the  school  committee  in  the  city 
or  town  in  which  such  minor  is  employed  to  attend  a continuation 
school  or  courses  of  instruction  as  defined  in  section  one  of  this 
act,  shall  cease  forthwith  to  employ  such  minor  when  notified  in 
writing  by  the  superintendent  or  his  representative  duly  author- 
ized in  writing,  having  jurisdiction  over  such  minor^s  school  at- 
tendance, that  such  minor  is  not  attending  school  in  accordance 
with  the  compulsory  attendance  regulations  as  defined  in  section 
one  of  this  act.  Any  employer  who  fails  to  comply  with  the  pro- 
visions of  this  section  shall  be  punished  by  a fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars  for  each  offence. 

Section  7.  The  superintendent  of  schools  having  jurisdiction, 
or  a person  authorized  by  him  in  writing,  may  revoke  the  age  and 
schooling  or  employment  certificate  of  any  minor  who  is  required 
by  the  provisions  of  this  act  to  attend  a continuation  school  or 
courses,  if  such  minor  fails  to  attend  such  school  or  courses  as 
provided  by  this  act. 

Acts  of  1913,  Chapter  467. 

School  Attendance  and  Employment  of  Illiterate  Minors. 

— Section  1.  Every  illiterate  minor  between  sixteen  and  twenty- 
one  years  of  age  shall  attend  some  public  evening  school  in  the 
city  or  town  in  which  he  resides  for  the  whole  time  during  which 
the  public  evening  schools  are  in  session : provided,  that  such  city 
or  town  maintains  a public  evening  school.  Attendance  at  a 


23 


public  day  school,  or  at  a private  school  approved  for  the  pur- 
pose by  the  school  committee,  shall  exempt  such  minor  from  at- 
tending a public  evening  school.  This  act  shall  not  affect  any 
existing  laws  regarding  the  compulsory  school  attendance  of 
illiterate  minors  or  their  employment,  but  shall  be  in  addition 
to  such  laws. 

Section  2.  An  illiterate  minor  who  wilfully  violates  any  pro- 
vision of  this  act  shall  be  punished  by  a fine  of  not  less  than  five 
dollars. 

Section  3.  Every  person  having  under  his  control  an  illiterate 
minor  between  sixteen  and  twenty-one  years  of  age  shall  cause  him 
to  attend  a public  evening  school  as  hereby  required;  and  if  such 
person  fails  for  six  sessions  within  a period  of  one  month  to 
cause  the  minor  so  to  attend  school,  unless  the  minoEs  physical 
or  mental  condition  is  such  as  to  render  his  attendance  at  school 
harmful  or  impracticable,  such  person  shall,  upon  complaint  by 
a truant  officer  and  conviction  thereof,  be  punished  by  a fine  of 
not  more  than  twenty  dollars. 

Section  4.  Whoever  induces  or  attempts  to  induce  such  minor 
to  absent  himself  unlawfully  from  school,  or  employs  such  a 
minor  except  as  is  provided  by  law,  or  harbors  such  a minor  who, 
while  school  is  in  session,  is  absent  unlawfully  therefrom,  shall  be 
punished  by  a fine  of  not  more  than  fifty  dollars. 

Acts  of  1909,  Chapter  514,  Section  59,  amended  by  Acts  of  1913,  Chapter  779,  Section 
17,  and  by  Acts  of  1914,  Chapter  580. 

School  Records.  — The  school  record  required  by  section  six- 
teen ^ of  this  act  shall  be  filled  out  and  signed  by  the  principal  or 
teacher  in  charge  of  the  school  which  the  child  last  attended  and 
shall  be  furnished  only  to  a child  who,  after  due  examination  and 
investigation,  is  found  to  be  entitled  thereto.  Said  school  record 
shall  state  the  grade  last  completed  by  such  child  and  the  studies 
pursued  in  completion  thereof.  It  shall  state  the  number  of  weeks 
during  which  such  child  has  attended  school  during  the  twelve 
months  next  preceding  the  time  of  application  for  said  school 
record.  It  shall  also  give  the  name,  date  of  birth,  and  the  resi- 
dence of  the  child  as  shown  on  the  records  of  the  school  and  the 
name  of  the  parent,  guardian  or  custodian.  In  case  it  is  found  to 


1 See  Appendix. 


24 


be  impossible  to  obtain  said  school  record  from  the  principal  or 
teacher  in  charge  of  the  school  which  such  child  last  attended,  the 
requirement  of  a school  record  may  be  waived. 

No  such  school  record  shall  be  issued  or  accepted  and  no  em- 
ployment certificate  shall  be  granted  unless  the  child  possesses  the 
educational  qualifications  enumerated  in  section  one  of  chapter 
forty-four  of  the  Revised  Laws  as  amended  by  section  one^  of 
this  act. 

No  such  school  record  shall  be  issued  or  accepted  unless  the 
child  has  regularly  attended  the  public  schools  or  other  lawfully 
approved  schools  for  not  less  than  one  hundred  and  thirty  days 
after  becoming  thirteen  years  of  age : provided^  however j that  the 
school  record  may  be  accepted  in  the  case  of  a person  who  has 
been  an  attendant  at  a public  day  school  or  other  lawfully  ap- 
proved school  for  a period  of  not  less  than  seven  years,  if  in  the 
opinion  of  said  superintendent  such  person  is  mentally  incapable 
of  acquiring  the  educational  qualifications  herein  prescribed;  and 
provided,  further,  that  the  superintendent  of  schools  shall  have 
authority  to  suspend  this  requirement  in  any  case  when,  in  his 
opinion,  the  interests  of  the  child  will  best  be  served  by  such 
suspension. 

Acts  of  1913,  Chapter  779,  Section  23. 

Educational  Certificates.  — No  child  who  is  over  sixteen  and 
under  twenty-one  years  of  age  shall  be  employed  in  a factoiy, 
workshop,  manufacturing,  mechanical  or  mercantile  establishment 
unless  his  employer  procures  and  keeps  on  file  an  educational 
certificate  showing  the  age  of  the  child  and  his  ability  or  inability 
to  read  and  write  as  hereinafter  provided.  Such  certificates  shall 
be  issued  by  the  person  authorized  by  this  act  to  issue  employment 
certificates. 

The  person  authorized  to  issue  such  educational  certificates  shall, 
so  far  as  is  practicable,  require  the  proof  of  age  stated  in  section 
fifty-eight.^  He  shall  examine  the  child  and  certify  whether  or 
not  he  possesses  the  educational  qualifications  enumerated  in  sec- 
tion one  of  chapter  forty-four  of  the  Revised  Laws,  as  amended. 
Every  such  certificate  shall  be  signed  in  the  presence  of  the  per- 
son issuing  the  same  by  the  child  in  whose  name  it  is  issued. 


1 See  Appendix. 


2 Acts  of  1909,  chapter  514,  section  58. 


25 


Every  employer  of  such  children  shall  keep  their  educational 
certificates  accessible  to  any  officer  authorized  to  enforce  the  pro- 
visions of  this  act  and  shall  return  said  certificates  to  the  office 
from  which  they  were  issued  within  two  days  after  the  date  of  the 
termination  of  the  employment  of  said  children.  If  the  educa- 
tional certificate  of  any  child  who  is  over  sixteen  and  under 
twenty-one  years  of  age  fails  to  show  that  said  child  possesses  the 
educational  qualifications  enumerated  in  section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended,  then  no  person  shall 
employ  such  child  while  a public  evening  school  is  maintained  in 
the  city  or  town  in  which  the  child  resides,  unless  such  child  is  a 
regular  attendant  at  such  evening  school  or  at  a day  school,  and 
presents  to  his  employer  each  week  a school  record  of  such  at- 
tendance. When  such  record  shows  unexcused  absences,  such  at- 
tendance shall  be  deemed  to  be  irregnilar  and  insufficient.  The 
person  authorized  to  issue  educational  certificates,  or  teachers  act- 
ing under  his  authority,  may,  however,  excuse  justifiable  absence. 
Whoever  employs  a child  in  violation  of  the  provisions  of  this 
section  shall  forfeit  not  more  than  one  hundred  dollars  for  each 
offence,  to  the  use  of  the  evening  schools  of  such  city  or  town.  A 
parent,  guardian  or  custodian  who  permits  a child  to  be  employed 
in  violation  of  the  provisions  of  this  section  shall  forfeit  not  more 
than  twenty  dollars,  to  the  use  of  the  evening  schools  of  such 
city  or  town. 

Acts  of  1913,  Chapter  779,  Section  24. 

Industrial  Schools  excepted.  — Nothing  in  this  act  shall  be 
construed  to  prevent  children  of  any  age  from  receiving  manual 
training  or  industrial  education  in,  or  in  connection  with,  any 
school  in  this  commonwealth:  provided^  that  the  same  has  been 
duly  approved  by  the  local  school  committee  or  by  the  board  of 
education. 

Acts  of  1913,  Chapter  779,  Section  25. 

Repeal  of  Inconsistent  Acts.  — Chapter  three  hundred  and 
eighty-nine  of  the  acts  of  the  year  nineteen  hundred  and  six  and 
chapter  three  hundred  and  ten  of  the  acts  of  the  year  nineteen 
hundred  and  eleven  and  all  acts  and  parts  of  acts  inconsistent 
with  the  provisions  of  this  act  are  hereby  repealed. 


26 


EMPLOYMENT  CERTIFICATES. 

Acts  of  1913,  Chapter  779,  Section  16.  i 

Issuance.  — An  employment  certificate  shall  be  issued  only  by 
the  superintendent  of  schools  or  by  a person  authorized  by  him 
in  writing,  or,  where  there  is  no  superintendent  of  schools,  by  a 
person  authorized  in  writing  by  the  school  committee,  of  the  city 
or  town  where  the  child  to  whom  it  is  issued  resides  during  his 
employment,  or  in  case  the  child  resides  outside  the  common- 
wealth, of  the  city  or  town  in  which  the  child  is  to  be  employed: 
provided,  that  no  member  of  a school  committee  or  other  person 
authorized  as  aforesaid  shall  have  authority  to  issue  such  cer- 
tificate for  any  child  then  in,  or  about  to  enter,  such  personas 
own  employment  or  the  employment  of  a firm  or  corporation  of 
which  he  is  a member,  officer  or  employee. 

The  person  issuing  employment  certificates  shall  in  each  case, 
before  issuing  a certificate,  receive,  examine,  approve  and  file  the 
following  papers,  duly  executed : — 

(1)  A pledge  or  promise  signed  by  the  employer  or  by  an 
authorized  manager  or  superintendent,  setting  forth  the  charac- 
ter of  the  employment,  the  number  of  hours  per  day  during 
which  the  child  is  to  be  regularly  employed  and  the  name  and 
address  of  the  employer,  in  which  pledge  or  promise  the  em- 
ployer agrees  to  employ  the  child  in  accordance  with  the  provi- 
sions of  this  act,  and  to  return  the  employment  certificate  as 
provided  in  section  fifty-seven. 

(2)  The  school  record  of  such  child,  properly  filled  out  and 
signed  as  hereinafter  provided. 

(3)  A certificate  signed  by  a school  or  family  physician,  or 
by  a physician  appointed  by  the  school  committee,  stating  that 
the  child  has  been  thoroughly  examined  by  said  physician  and, 
in  his  opinion,  is  in  sufficiently  sound  health  and  physically  able 
to  perform  the  work  which  the  child  intends  to  do. 

(4)  Evidence  of  age  showing  that  the  child  is  fourteen  years 
of  age,  which  shall  consist  of  one  of  the  following  proofs  of  age: 

{a)  A birth  certificate,  or  a duly  attested  transcript  thereof, 


1 See  Appendix. 


27 


made  by  a registrar  of  vital  statistics  or  other  officer  charged 
with  the  duty  of  recording  births. 

(&)  A baptismal  certificate,  or  a duly  attested  transcript 
thereof,  showing  the  age  and  date  of  baptism  of  the  child. 

(c)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  certificates 
may  accept  in  lieu  thereof  a passport  or  a duly  attested  immigra- 
tion record,  or  transcript  thereof,  showing  the  age  of  the  child, 
or  other  official  or  religious  record  of  the  child^s  age:  provided, 
that  it  shall  appear  to  the  satisfaction  of  said  person  that  the 
same  is  good  and  sufficient  evidence  of  the  child^s  age. 

{d)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  certificates 
may  accept  in  lieu  thereof  a record  of  age  as  given  on  the  reg- 
ister of  the  school  which  the  child  first  attended  in  the  common- 
wealth: provided j that  such  record  was  kept  for  at  least  two 
years  during  the  time  when  such  child  attended  school. 

{e)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  certificates 
may  receive  the  signed  statement  of  the  school  physician,  or  of 
the  physician  appointed  by  the  school  committee,  stating  that, 
after  examination,  it  is  the  opinion  of  such  physician  that  the 
child  is  at  least  fourteen  years  of  age.  Such  physician^s  statement 
shall  be  accompanied  by  a statement  signed  by  the  child^s  parent, 
guardian  or  custodian,  or  in  case  such  child  has  no  parent,  guard- 
ian or  custodian,  the  signed  statement  of  the  next  adult  friend. 
Such  signed  statement  shall  contain  the  name,  date  and  place  of 
birth  and  residence  of  the  child,  and  shall  certify  that  the  parent, 
guardian,  custodian  or  next  friend  signing  the  statement  is  un- 
able to  produce  any  of  the  proofs  of  age  specified  in  this  section. 
Such  statement  shall  be  signed  in  the  presence  of  the  person 
issuing  employment  certificates  by  the  parent,  guardian,  cus- 
todian, or  next  friend.  The  person  issuing  employment  certifi- 
cates may,  before  issuing  a certificate,  require  the  parent, 
guardian,  custodian,  or  next  adult  friend  of  the  child  to  appear 
and  approve  in  writing  the  issuance  of  said  certificate. 


28 


Acts  of  1913,  Chapter  779,  Section  18. 

Contents.  — The  employment  certificate  required  by  this  act 
shall  state  the  name,  sex,  date  and  place  of  birth  and  the  place 
of  residence  of  the  child  and  describe  the  color  of  the  hair  and 
eyes  and  any  distinguishing  facial  marks  of  the  child.  It  shall 
certify  that  the  child  named  in  such  certificate  has  personally 
appeared  before  the  person  issuing  the  certificate  and  has  been 
examined  and  found  to  possess  the  educational  qualifications 
enumerated  in  section  one  of  chapter  forty-four  of  the  Revised 
Laws,  as  amended  by  section  one  of  this  act,  and  that  all  the 
papers  required  by  section  fifty-eight  have  been  duly  examined, 
approved  and  filed  and  that  all  the  conditions  and  requirements 
for  issuing  an  employment  certificate  have  been  fulfilled.  It  shall 
state  the  gi’ade  last  completed  by  said  child.  Every  such  certifi- 
cate shall  be  signed  in  the  presence  of  the  person  issuing  the 
same  by  the  child  in  whose  name  it  is  issued.  It  shall  state  the 
name  of  the  employer  for  whom,  and  the  nature  of  the  employ- 
ment in  which,  the  certificate  authorizes  the  child  to  be  employed. 
It  shall  bear  a number,  show  the  date  of  its  issue  and  shall  be 
signed  by  the  person  issuing  it.  No  fee  shall  be  exacted  for  an 
employment  certificate  or  for  any  of  the  papers  required  by 
this  act.  Duplicate  employment  certificates  shall  not  be  issued 
until  it  shall  appear  to  the  satisfaction  of  the  person  authorized 
to  issue  certificates  that  the  original  certificate  has  been  lost.  A 
record  ^ving  all  the  facts  contained  on  every  employment  cer- 
tificate issued  shall  be  filed  in  the  office  issuing  the  same,  together 
with  the  papers  required  by  section  fifty-eight  as  amended.  A 
record  shall  also  be  kept  of  the  names  and  addresses  of  all  chil- 
dren to  whom  certificates  have  been  refused,  together  with  the 
names  of  the  schools  which  said  children  should  attend  and  the 
reasons  for  refusal.  All  the  aforesaid  records  and  papers  shall 
be  preserved  until  such  children,  if  living,  shall  have  become  six- 
teen years  of  age.  Such  records  and  statistics  concerning  the 
issuance  of  employment  certificates  as  may  be  prescribed  by  the 
board  of  education  shall  be  kept  and  shall  be  open  to  the  inspec- 
tion of  said  board,  its  officers  or  agents.  The  blank  certificates 
and  other  papers  required  in  connection  with  the  issuing  of  em- 


29 


ployment  certificates  and  educational  certificates  under  this  act 
shall  be  designed  by  and  furnished  to  the  local  school  committees 
by  the  state  board  of  labor  and  industries  after  conference  with 
the  board  of  education,  and  the  approval  of  the  forms  thereof 
by  the  attorney-general.  Said  certificates  and  papers  may  bear 
such  further  and  explanatory  matter  as  may  be  needed  to  facili- 
tate the  enforcement  of  this  act  or  to  comply  with  future  legis- 
lative requirements. 

Acts  of  1913,  Chapter  779,  Section  15. 

Employment  Certificates.  — No  child  between  fourteen  and 
sixteen  years  of  age  shall  be  employed  or  be  permitted  to  work 
in,  about  or  in  connection  with  any  factory,  workshop,  manu- 
facturing, mechanical  or  mercantile  establishment  unless  the  per- 
son, firm  or  corporation  employing  such  child  procures  and  keeps 
on  file  accessible  to  the  attendance  officers  of  the  city  or  town, 
to  agents  of  the  board  of  education,  and  to  the  state  board  of 
labor  and  industries  or  its  authorized  agents  or  inspectors,  the 
employment  certificate  as  hereinafter  provided  issued  to  such 
child,  and  keeps  a complete  list  of  the  names  and  ages  of  all  such 
children  employed  therein  conspicuously  posted  near  the  prin- 
cipal entrance  of  the  building  in  which  such  children  are  em- 
ployed: provided^  however , that  children  who  are  over  fourteen 
but  under  sixteen  years  of  age  shall  be  permitted  to  work  in 
mercantile  establishments  on  Saturdays  between  the  hours  of 
seven  in  the  morning  and  six  in  the  evening,  without  such  cer- 
tificate. On  termination  of  the  employment  of  a child  whose 
employment  certificate  is  on  file,  said  certificate  shall  be  returned 
by  the  employer  within  two  days  after  said  termination  to  the 
office  of  the  superintendent  of  schools  from  which  it  was  issued. 

Acts  of  1913,  Chapter  779,  Section  22. 

Inspection  of  Employment  Certificates.  — Inspectors  ap- 
pointed by  the  state  board  of  labor  and  industries,  agents  of  the 
board  of  education  and  attendance  officers  may  require  that  the 
employment  or  educational  certificates  and  lists  of  children  who 
are  employed  in  factories,  workshops,  manufacturing,  mechanical 
or  mercantile  establishments  shall  be  produced  for  their  inspec- 


30 


tion.  A failure  to  produce  to  any  person  authorized  by  this 
section  who  requests  the  same  an  employment  or  educational  cer- 
tificate or  list  required  by  law  shall  be  prima  facie  evidence  of 
the  illegal  employment  of  any  person  whose  certificate  is  not 
produced  or  whose  name  is  not  so  listed.  A corporation  or  other 
employer,  or  any  agent  or  officer  thereof,  who  retains  an  employ- 
ment or  educational  certificate  in  violation  of  the  provisions  of 
this  act  shall  be  punished  by  a fine  of  not  less  than  ten  nor  more 
than  one  hundred  dollars. 


Acts  of  1914,  Chapter  316. 

Charging  of  Fees  for  Certificates  prohibited.  — It  shall  be 
unlawful  for  any  city  or  town  clerk  or  other  official  to  charge 
any  fee  for  a certificate  relating  to  the  age  or  place  of  birth  of 
any  minor  or  to  any  other  fact  sought  to  be  established  in  rela- 
tion to  school  attendance,  but  such  certificates  shall  be  issued, 
upon  request,  by  any  city  or  town  clerk. 

EMPLOYMENT. 

Acts  of  1909,  Chapter  514,  Section  56,  amended  by  Acts  of  1913,  Chapter  779,  Section  14, 
and  by  Acts  of  1913,  Chapter  831. 

Minors  under  Fourteen.  — Section  1.  No  minor  under  four- 
teen years  of  age  shall  be  employed  or  permitted  to  work  in  or 
about  or  in  connection  with  any  factory,  workshop,  manufactur- 
ing, mechanical  or  mercantile  establishment,  barber  shop,  boot- 
black  stand  or  establishment,  public  stable,  garage,  brick  or 
lumber  yard,  telephone  exchange,  telegraph  or  messenger  office 
or  in  the  construction  or  repair  of  buildings,  or  in  any  contract 
or  wage-earning  industry  carried  on  in  tenement  or  other  houses. 
No  minor  under  fourteen  years  of  age  shall  be  employed  at  work 
performed  for  wage  or  other  compensation,  to  whomsoever  pay- 
able, during  the  hours  when  the  public  schools  are  in  session  or 
shall  be  employed  at  work  before  half-past  six  o^clock  in  the 
morning  or  after  six  oVdock  in  the  evening. 

Minors  under  Sixteen.  — Section  2.  No  minor  under  six- 
teen years  of  age  shall  be  employed  or  permitted  to  work  in  op- 
erating or  assisting  in  operating  any  of  the  following  machines: 
(1)  circular  or  band  saws,  (2)  wood  shapers,  (3)  wood  jointers. 


31 


(4)  planers,  (5)  picker  machines  or  machines  used  in  picking 
wool,  cotton,  hair  or  any  other  material,  (6)  paperlace  machines, 
(7)  leather  burnishing  machines,  (8)  job  or  cylinder  printing 
presses  operated  by  power  other  than  foot  power,  (9)  stamp- 
ing machines  used  in  sheet  metal  and  tinware  or  in  paper  or 
leather  manufacturing  or  in  washer  and  nut  factories,  (10) 
metal  or  paper  cutting  machines,  (11)  corner  staying  machines 
in  paper  box  factories,  (12)  corrugating  rolls  such  as  are  used 
in  corrugated  paper  or  in  rooting,  or  washboard  factories,  (13) 
steam  boilers,  (14)  dough  brakes  or  cracker  machinery  of  any 
description,  (15)  wire  or  iron  straightening  or  drawing  ma- 
chinery, (16)  rolling  mill  machinery,  (17)  power  punches  or 
shears,  (18)  washing  or  grinding  or  mixing  machinery,  (19) 
calender  rolls  in  paper  and  rubber  manufacturing  or  other 
heavy  rolls  driven  by  power,  (20)  laundering  machinery,  (21) 
upon  or  in  connection  with  any  dangerous  electrical  machinery  or 
appliances. 

Section  3.  No  minor  under  sixteen  years  of  age  shall  be  em- 
ployed or  permitted  to  work  in  any  capacity  in  adjusting,  or 
assisting  in  adjusting  any  hazardous  belt  to  any  machinery,  or 
in  oiling  or  cleaning  hazardous  machinery,  or  in  proximity  to  any 
hazardous  or  unguarded  belts,  machinery  or  gearing  while  such 
machinery  or  gearing  is  in  motion;  nor  on  scaffolding;  nor  in 
heavy  work  in  the  building  trades;  nor  in  stripping,  assorting, 
manufacturing  or  packing  tobacco;  nor  in  any  tunnel;  nor  in 
a public  bowling  alley;  nor  in  a pool  or  billiard  room. 

Section  4.  The  state  board  of  labor  and  industries  may  from 
time  to  time,  after  a hearing  or  hearings  duly  held,  determine 
whether  or  not  any  particular  trade,  process  of  manufacture  or 
occupation  in  which  the  employment  of  minors  under  the  age  of 
sixteen  years  is  not  already  forbidden  by  law,  or  any  particular 
method  of  carrying  on  such  trade,  process  of  manufacture  or 
occupation,  is  sufficiently  dangerous  or  is  sufficiently  injurious 
to  the  health  or  morals  of  minors  under  sixteen  years  of  age  to 
justify  their  exclusion  therefrom.  No  minor  under  stxteen  years 
of  age  shall  be  employed  or  permitted  to  work  in  any  trade, 
process  or  occupation  thus  determined  to  be  dangerous  or  in- 
jurious to  such  minors. 


32 


Minors  under  Eighteen.  — Sectio^st  5.  No  minor  under 
eighteen  years  of  age  shall  be  employed  or  permitted  to  work: 
(1)  in  or  about  blast  furnaces;  (2)  in  the  operation  or  manage- 
ment of  hoisting  machines;  (3)  in  oiling  or  cleaning  hazardous 
machinery  in  motion;  (4)  in  the  operation  or  use  of  any  polish- 
ing or  buffing  wheel;  (5)  at  switch  tending;  (6)  at  gate  tending; 
(7)  at  track  repairing;  (8)  as  a brakeman,  fireman,  engineer, 
motorman  or  conductor  upon  a railroad  or  railway;  (9)  as  a 
fireman  or  engineer  upon  any  boat  or  vessel;  (10)  in  operating 
motor  vehicles  of  any  description;  (11)  in  or  about  establish- 
ments wherein  gunpowder,  nitro-glycerine,  dynamite  or  other 
high  or  dangerous  explosive  is  manufactured  or  compounded; 
(12)  in  the  manufacture  of  white  or  yellow  phosphorus  or  phos- 
phonis  matches;  (13)  in  any  distillery,  brewery,  or  any  other 
establishment  where  malt  or  alcoholic  liquors  are  manufactured, 
packed,  wrapped  or  bottled;  (14)  in  that  part  of  any  hotel, 
theatre,  concert  hall,  place  of  amusement  or  other  establishment 
where  intoxicating  liquors  are  sold.  The  provisions  of  this  sec- 
tion shall  not  prohibit  the  employment  of  minors  in  drug  stores. 

SECTioisr  6.  The  state  board  of  labor  and  industries  may  from 
time  to  time,  after  a hearing  or  hearings  duly  held,  determine 
whether  or  not  any  particular  trade,  process  of  manufacture  or 
occupation,  in  which  the  employment  of  minors  under  the  age  of 
eighteen  years  is  not  already  forbidden  by  law,  or  any  particular 
method  of  carrying  on  such  trade,  process  of  manufacture  or  occu- 
pation, is  sufficiently  dangerous  or  is  sufficiently  injurious  to  the 
health  or  morals  of  minors  under  eighteen  years  of  age  to  justify 
their  exclusion  therefrom.  No  minor  under  eighteen  years  of  age 
shall  be  employed  or  peiToitted  to  work  in  any  trade,  process  or 
occupation  thus  determined  to  be  dangerous  or  injurious  to  such 
minors. 

Persons  under  Twenty-one.  — Section  7.  No  person  under 
twenty-one  years  of  age  shall  be  employed  or  permitted  to  work 
in,  about  or  in  connection  with  any  saloon  or  bar  room  where 
alcoholic  liquors  are  sold.  No  such  person  in  any  employment 
shall  knowingly  be  taken,  sent  or  caused  or  permitted  to  be  sent, 
to  any  disorderly  house  or  house  of  prostitution  or  assignation  or 
other  immoral  place  of  resort  or  amusement. 


33 


Section  8.  No  minor  under  sixteen  years  of  age  shall  be  em- 
ployed or  permitted  to  work  in,  about  or  in  connection  with  any 
establishment  or  occupation  named  in  section  one  for  more  than 
six  days  in  any  one  week,  nor  more  than  forty-eight  hours  in  any 
one  week,  nor  more  than  eight  hours  in  any  one  day,  nor  before 
the  hour  of  half-past  six  o’clock  in  the  morning,  nor  after  the  hour 
of  six  o’clock  in  the  evening  of  any  day. 

Section  9.  No  boy  under  the  age  of  eighteen  years  and  no 
girl  under  the  age  of  twenty-one  years  shall  be  employed  or  per- 
mitted to  work  in,  about  or  in  connection  with  any  establishment 
or  occupation  named  in  section  one  for  more  than  six  days  in  any 
one  week,  nor  more  than  fifty-four  hours  in  any  one  week,  nor 
more  than  ten  hours  in  any  one  day,  nor  before  the  hour  of  five 
o’clock  in  the  morning,  nor  after  the  hour  of  ten  o’clock  in  the 
evening,  nor  in  the  manufacture  of  textile  goods  after  the  hour  of 
six  o’clock  in  the  evening. 

Section  10.  Except  for  the  delivery  of  messages  directly  con- 
nected with  the  business  of  conducting  or  publishing  a newspaper, 
to  a newspaper  office  or  directly  between  newspaper  offices,  no 
person  under  the  age  of  twenty-one  years  shall  be  employed  or 
permitted  to  work  as  messenger  for  a telegraph,  telephone  or 
messenger  company  in  the  distribution,  transmission  or  delivery 
of  goods  or  messages  before  five  o’clock  in  the  morning  or  after 
ten  o’clock  in  the  evening  of  any  day. 

Acts  of  1906,  Chapter  463,  Part  III,  Section  89. 

Sales  by  Children  upon  Street  Cars.  — If  a street  railway 
company,  its  agent  or  servant,  allows  a child  under  the  age  of 
ten  years  to  enter  upon  or  into  any  of  its  cars  for  the  purpose 
of  selling  newspapers  or  other  articles  therein  or  offering  them 
for  sale,  it  shall  forfeit  fifty  dollars  for  each  offence,  which  shall 
be  recovered  by  any  person  by  an  action  brought  within  three 
months  after  the  offence  has  been  committed. 


Revised  Laws,  Chapter  65,  Section  18. 

Minors  under  Fifteen  Years  peddling  without  License. 

— A parent  or  other  person  who  employs  a minor  under  the  age 
of  fifteen  years  in  peddling  without  a license  if  one  is  required 


34 


or  who,  having  the  care  or  custody  of  such  minor,  permits  him 
to  engage  in  such  employment  shall  be  punished  by  a fine  of  not 
more  than  two  hundred  dollars  or  by  imprisonment  for  not  more 
than  six  months. 

Revised  Laws,  Chapter  212,  Section  52. 

Employing  Children  to  beg.  — A parent  or  other  person  who 
employs  a minor  under  the  age  of  fifteen  years  in  begging  or  who, 
having  the  care  or  custody  of  such  minor,  permits  him  to  engage 
in  such  employment  shall  be  punished  by  a fine  of  not  more  than 
two  hundred  dollars  or  by  imprisonment  for  not  more  than  six 
months. 

Acts  of  1913,  Chapter  831. 

Street  Trades.  — Section-  11.  No  boy  under  twelve  years  of 
age  and  no  girl  under  eighteen  years  of  age  shall,  in  any  city 
having  a population  of  over  fifty  thousand  inhabitants,  sell,  expose 
or  offer  for  sale  any  newspapers,  magazines,  periodicals,  or  any 
other  articles  of  merchandise  of  any  description,  or  exercise  the 
trade  of  bootblack  or  scavenger,  or  any  other  trade,  in  any  street 
or  public  place. 

Section  12.  No  boy  under  sixteen  years  of  age  shall,  in  any 
city  having  a population  of  over  fifty  thousand  inhabitants,  engage 
in  any  of  the  trades  or  occupations  mentioned  in  the  preceding 
section,  unless  he  complies  with  all  of  the  provisions  of  this  act 
and  with  all  of  the  legal  requirements  concerning  school  attend- 
ance, and  unless  a badge  as  hereinafter  provided  shall  have  been 
issued  to  him  by  the  officer  authorized  to  issue  employment  certifi- 
cates in  the  city  or  town  where  such  boy  resides. 

Section  13.  Such  badge  shall  not  be  issued  until  the  officer 
issuing  the  same  shall  have  received,  examined,  approved  and  filed 
evidence  that  such  boy  is  twelve  years  of  age  or  upwards,  which 
shall  consist  of  the  proof  of  age  required  for  the  issuing  of  an 
employment  certificate.  Such  officer  may  refuse  to  issue  such 
badge  to  any  boy  who,  in  his  opinion  after  due  investigation,*  is 
found  to  be  physically  or  mentally  incompetent  or  unable  to  do 
such  work  in  addition  to  the  regular  school  attendance  required 
by  law. 

Section  14.  The  badge  herein  required  shall  be  worn,  conspicu- 
ously exposed  at  all  times,  by  such  boy  while  so  working.  No  boy 


35 


to  whom  the  said  badge  has  been  issued  shall  transfer  the  same  to 
any  other  boy.  He  shall  exhibit  the  same  upon  demand  at  any 
time  to  any  officer  charged  with  the  duty  of  enforcing  the  pro- 
visions of  this  act  which  relate  to  street  trades.  The  school  com- 
mittee of  any  city  may  make  further  regulations  and  requirements 
for  the  issuance  of  the  badge  required  by  this  act. 

Section  15.  Ho  boy  under  sixteen  years  of  age  shall  engage 
in  any  of  the  trades  or  occupations  mentioned  in  section  eleven  in 
any  street  or  public  place  after  nine  o^clock  in  the  evening  or  be- 
fore five  o^clock  in  the  morning  of  any  day,  nor,  unless  provided 
with  an  employment  certificate,  during  the  hours  when  the  public 
schools  in  the* city  where  such  boy  resides,  or  the  schools  which 
such  boy  attends,  are  in  session. 

Time  Notice  for  Minors.  — Section  16.  Except  as  provided 
in  section  seventeen,  every  person  employing  any  minor  in  any 
establishment  mentioned  in  this  act  shall  post  and  keep  posted  in 
a conspicuous  place  in  the  room  where  such  minor  is  employed  or 
permitted  to  work  a printed  notice  stating  the  number  of  hours 
such  minor  is  required  or  permitted  to  work  on  each  day  of  the 
week,  with  the  total  for  the  week,  the  hours  of  commencing  and 
stopping  work  and  the  hours  when  the  time  allowed  for  meals 
begins  and  ends  for  each  day  of  the  week. 

The  employment  of  any  minor  at  any  time  other  than  as  stated 
in  said  printed  notice  shall  be  deemed  a violation  of  the  provisions 
of  this  section.  The  terms  of  such  notice  for  any  week  or  part 
thereof  shall  not  be  changed  after  the  beginning  of  labor  on  the 
first  day  of  the  week,  without  the  written  consent  of  the  commis- 
sioner of  labor. 

Section  17.  Every  employer  who  employs  any  minor  subject 
to  the  provisions  of  this  act  and  who  is  engaged  in  furnishing 
public  service  shall  post  in  a conspicuous  place  in  every  room  in 
which  such  persons  are  employed  a printed  notice  stating  sep- 
arately the  hours  of  employment  for  each  shift  or  tour  of  duty 
and  the  time  allowed  for  meals. 

A list  by  name  of  minor  employees,  stating  in  which  shift  each 
is  employed,  shall  be  kept  on  file  at  each  place  of  employment  for 
inspection  by  employees  and  officers  charged  with  the  enforcement 
of  the  law. 


36 


The  provisions  of  this  act,  so  far  as  they  relate  to  hours  of  em- 
ployment of  minors  of  eighteen  years  or  over,  shall  not  apply  to 
such  employers  in  cases  of  extraordinary  emergency  or  extra- 
ordinary public  requirement,  but  in  such  cases  no  employment 
contrary  to  the  provisions  of  this  act  shall  be  considered  as  legal- 
ized until  a written  report  of  the  day  and  hour  of  its  occurrence 
and  its  duration  is  sent  to  the  commissioner  of  labor. 

Section  18.  The  state  board  of  labor  and  industries,  after  ap- 
proval by  the  attorney-general,  shall  furnish  the  printed  forms  of 
the  laws  and  notices  required  by  this  act,  upon  application,  to  all 
persons  required  to  post  the  same. 

Enforcement.  — The  inspectors  of  the  state  board  of  labor  and 
industries  shall  visit  and  inspect  the  places  of  employment  men- 
tioned in  this  act  and  shall  ascertain  whether  any  minors  are  em- 
ployed therein  contrary  to  the  provisions  of  this  act,  and  shall 
prosecute  violations  thereof.  They  shall  report  to  the  school  au- 
thorities any  cases  of  children  under  sixteen  years  of  age  dis- 
charged for  illegal  employment.  Any  person  shall  have  the  right 
to  prosecute  violations  of  this  act. 

Section  19.  The  provisions  of  this  act  ^ relating  to  minors  en- 
gaged in  the  occupations  mentioned  in  section  eleven  shall  be  en- 
forced by  the  truant  officers  and  school  attendance  officers,  who 
are  hereby  vested  with  full  police  power  for  the  purpose,  and  by 
police  officers.  The  school  committee  of  each  city  may  appoint 
or  designate  one  or  more  special  truant  or  attendance  officers  to 
have  supervision  over  minors  engaged  in  such  occupations  and 
over  the  enforcement  of  the  said  provisions. 

Acts  of  1913,  Chapter  779. 

Powers  and  Duties  of  Attendance  Officers  and  Industrial 
Inspectors.  — Section  20.  Attendance  officers  may  visit  ftae  fac- 
tories, workshops,  manufacturing,  mechanical  and  mercantile 
establishments,  theatres,  and  places  of  public  exhibition  in  their 
several  cities  and  towns  and  ascertain  whether  any  children  are 
employed  therein  contrary  to  the  provisions  of  this  act  and  shall 
report  in  writing  any  cases  of  such  illegal  employment  to  the 


1 Acts  of  1913,  chapter  831. 


37 


superintendent  of  schools  or  the  school  committee  and  to  the 
state  board  of  labor  and  industries  or  its  authorized  officers  or 
agents.  Inspectors  appointed  by  the  state  board  of  labor  and 
industries  shall  visit  all  factories,  workshops,  manufacturing, 
mechanical  and  mercantile  establishments  within  their  respective 
districts,  and  ascertain  whether  any  children  are  employed  therein 
contrary  to  the  provisions  of  this  act,  and  shall  enter  complaint 
against  whomever  is  found  to  have  \dolated  any  of  said  provi- 
sions. An  inspector  who  knowingly  or  wilfully  violates  any 
provision  of  this  section  may  be  punished  by  a fine  of  not  more 
than  one  hundred  dollars. 

Section  21.  An  attendance  officer  shall  apprehend  and  take 
to  school,  without  a warrant,  any  child  under  the  age  of  twenty- 
one  years  who  is  employed  in  any  factory,  workshop,  manufac- 
turing, mechanical  or  mercantile  establishment  in  violation  of 
the  provisions  of  this  act,  or  who  is  employed  in  any  theatre  or 
place  of  public  exhibition  contrary  to  the  provisions  of  this  act, 
and  such  attendance  officer  shall  forthwith  report  to  the  police, 
district  or  municipal  court  or  trial  justice  within  whose  judicial 
district  the  illegal  employment  occurs,  the  evidence  in  his  posses- 
sion relating  to  the  illegal  employment  of  any  child  so  appre- 
hended, and  shall  make  complaint  against  whomever  the  court  or 
trial  justice  may  direct.  An  attendance  officer  who  knowingly 
and  wilfully  violates  any  provision  of  this  section  may  be  pun- 
ished by  a fine  of  not  more  than  one  hundred  dollars  for  each 
offence. 

Hours  of  Labor,  Time  Notices,  etc.  {See  Women  and 
Minors,  page  44.) 

Night  Employment  in  Manufacturing.  {See  Women  and 
Minors,  page  47.) 


Acts  of  1913,  Chapter  831. 

Penalties.  — Section  20.  Any  person  who,  whether  by  him- 
self or  for  others,  or  through  agents,  servants  or  foremen  em- 
ploys, induces  or  permits  any  minor  to  work  contrary  to  any  of 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  a misde- 
meanor, and  shall,  for  a first  offence,  be  punished  by  a fine  of 
not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  by  im- 


38 


prisonment  for  not  more  than  thirty  days,  or  by  both  such  fine 
and  imprisonment;  and  for  a second  or  subsequent  offence,  by 
a fine  of  not  less  than  fifty  dollars  nor  more  than  two  hundred 
dollars  or  by  imprisonment  for  not  more  than  sixty  days,  or  by 
both  such  fine  and  imprisonment. 

The  employment  of  any  minor  in  violation  of  any  provision  of 
this  act  after  the  person  employing  such  minor  has  been  notified 
thereof  in  writing  by  any  authorized  inspector,  school  attendance 
officer  or  truant  officer,  shall  constitute  a separate  offence  for 
every  day  during  which  the  employment  continues. 

Section  21.  Any  person  who  hinders  or  delays  any  author- 
ized inspector,  school  attendance  officer,  or  truant  officer  in  the 
performance  of  his  duties,  or  who  refuses  to  admit  to  or  locks 
out  any  such  inspector  or  officer  from  any  place  which  such 
inspector  or  officer  is  authorized  to  inspect,  or  who  refuses  to  give 
to  such  inspector  or  officer  such  information  as  may  be  required 
for  the  proper  enforcement  of  this  act,  shall  be  deemed  guilty 
of  a misdemeanor,  and  shall  be  punished  by  a fine  of  not  less 
than  twenty-five  dollars  nor  more  than  two  hundred  dollars,  or 
by  imprisonment  for  not  more  than  sixty  days,  or  by  both  such 
fine  and  imprisonment. 

Section  22.  Any  person  who  furnishes  or  sells  to  any  minor 
any  article  of  any  description  with  the  knowledge  that  the  minor 
intends  to  sell  such  articles  in  violation  of  any  provision  of  this 
act,  or  after  having  received  written  notice  to  this  effect  from 
any  officer  charged  with  the  enforcement  of  any  provision  of 
this  act,  or  any  person  who  knowingly  procures  or  encourages 
any  minor  to  violate  any  of  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a misdemeanor,  and  shall  be  punished  by  a fine 
of  not  less  than  ten  dollars  nor  more  than  two  hundred  dollars, 
or  by  imprisonment  for  not  more  than  sixty  days,  or  by  both 
such  fine  and  imprisonment. 

Section  23.  Any  parent,  guardian  or  custodian  having  a 
minor  under  his  control,  who  compels  or  permits  such  minor  to 
work  in  violation  of  any  provision  of  this  act,  or  who  knowingly 
certifies  to  any  materially  false  statement  for  the  purpose  of 
obtaining  the  illegal  employment  of  such  minor,  shall  be  deemed 
guilty  of  a misdemeanor,  and,  upon  conviction,  shall  for  the  first 
offence  be  punished  by  a fine  of  not  less  than  two  dollars  nor 


39 


more  than  ten  dollars,  or  by  imprisonment  for  not  more  than 
five  days,  or  by  both  such  fine  and  imprisonment;  and  for  a 
second  or  subsequent  offence  he  shall  be  punished  by  a fine  of 
not  less  than  five  dollars  nor  more  than  twenty-five  dollars,  or 
by  imprisonment  for  not  more  than  ten  days,  or  by  both  such 
fine  and  imprisonment. 

Section  24.  Any  inspector,  school  attendance  officer,  truant 
officer,  superintendent  of  schools  or  other  person  authorized  to 
issue  the  badges  required  by  this  act,  or  any  other  person  charged 
with  the  enforcement  of  any  of  the  provisions  of  this  act,  who 
knowingly  violates  or  fails  to  comply  with  any  of  the  provisions 
of  this  act  shall  be  deemed  guilty  of  a misdemeanor,  and,  upon 
conviction,  shall  be  punished  by  a fine  of  not  less  than  ten  dol- 
lars nor  more  than  two  hundred  dollars  or  by  imprisonment  for 
not  more  than  sixty  days,  or  by  both  such  fine  and  imprisonment. 

Section  25.  Any  minor  who  shall  engage  in  any  of  the  trades 
or  occupations  mentioned  in  section  eleven  in  violation  of  any 
provision  of  this  act  shall,  for  the  first  offence,  be  warned  by 
the  officers  whose  duty  it  is  to  enforce  the  provisions  of  this 
act  relating  to  street  trades,  and  the  parent,  guardian  or  cus- 
todian shall  be  notified.  In  case  of  a second  violation,  such 
minor  may  be  arrested  and  dealt  with  as  a delinquent  child,  or, 
if  over  seventeen  years  of  age,  shall  be  punished  by  a fine  not 
exceeding  fifteen  dollars  upon  the  recommendation  of  the  prin- 
cipal or  chief  executive  officer  of  the  school  which  such  minor 
is  attending,  or  upon  the  complaint  of  any  school  attendance 
officer,  truant  officer,  police  officer  or  probation  officer,  the  badge 
of  any  minor  who  violates  any  provision  of  this  act,  or  who 
becomes  delinquent  or  fails  to  comply  with  all  legal  requirements 
concerning  school  attendance,  may  be  revoked  by  the  officer  issu- 
ing the  same  for  a period  of  three  months  and  the  badge  taken 
from  such  minor.  The  refusal  of  any  minor  to  surrender  such 
badge,  or  the  working  at  any  of  the  occupations  mentioned  in 
section  eleven  by  any  minor  after  notice  of  the  revocation  of 
such  badge,  shall  be  deemed  a violation  of  this  act. 

Section  26.  Police,  district  and  municipal  courts  and  trial 
justices  and  the  Boston  juvenile  court  as  to  minors  under  seven- 
teen years  of  age  shall  have  jurisdiction  of  offences  arising  under 


40 


this  act.  A summons  or  warrant  issued  by  any  such  court  or 
justice  may  be  served  at  the  direction  of  the  court  or  magistrate 
by  an  inspector  of  the  state  board  of  labor  and  industries  or 
by  a truant  officer  or  school  attendance  officer,  or  by  any  officer 
qualified  to  serve  criminal  process. 

{See  also  Women  and  Minors,  page  46.) 

Section  27.  Nothing  in  this  act  shall  be  construed  to  apply 
to  the  juvenile  reformatories,  other  than  the  Massachusetts  re- 
formatory, or  to  pi“event  minors  of  any  age  from  receiving 
manual  training  or  industrial  education  in  or  in  connection  with 
any  school  in  this  commonwealth  which  has  duly  been  approved 
by  the  school  committee  or  by  the  board  of  education. 

Repeal  of  Previous  Inconsistent  Acts.  — Section  28.  All 
acts  and  parts  of  acts  inconsistent  with  the  provisions  of  this 
act  are  hereby  repealed. 

Educational  Certificates.  {See  Education,  page  24.) 
Employment  Certificates.  {See  Employment  Certificates, 
page  29.) 

Employment  of  Illiterate  Minors.  {See  Education,  page  22.) 

Acts  of  1909,  Chapter  514,  Section  61,  amended  by  Acts  of  1910,  Chapter  249,  by  Acts  o 
1913,  Chapter  779,  Section  19,  and  by  Acts  of  1915,  Chapter  70  (General) . 

Penalty  for  Illegal  Employment  and  for  altering  Cer- 
tificates. — Whoever  employs  a person  under  the  age  of  sixteen 
years,  and  whoever  procures  or,  having  under  his  control  a per- 
son under  sixteen  years  of  age,  permits  such  person  to  be  em- 
ployed in  violation  of  the  provisions  of  sections  fifty-six  or 
fifty-seven  of  this  act,  shall  for  each  offence  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars,  or  by 
imprisonment  for  not  more  than  thirty  days;  and  whoever  con- 
tinues to  employ  a person  under  sixteen  years  of  age  in  violation 
of  the  provisions  of  either  of  said  sections,  after  being  notified 
thereof  by  a school  attendance  officer  or  by  an  inspector  appointed 
by  the  state  board  of  labor  and  industries,  shall  for  every  day 
thereafter  while  such  employment  continues  be  punished  by  a fine 
of  not  less  than  fifty  nor  more  than  two  hundred  dollars,  or  by 
imprisonment  for  not  more  than  sixty  days;  and  whoever  forges, 
or  procures  to  be  forged,  or  assists  in  forging  a certificate  of 


41 


birth  or  other  evidence  of  the  age  of  such  person,  and  whoever 
presents  or  assists  in  presenting  a forged  certificate  or  evidence 
of  birth  to  the  superintendent  of  schools  or  to  a person  author- 
ized by  law  to  issue  certificates,  for  the  purpose  of  fraudulently 
obtaining  the  employment  certificate  required  by  this  act,  shall  be 
punished  by  a fine  of  not  less  than  ten  nor  more  than  five  hun- 
dred dollars,  or  by  imprisonment  for  not  more  than  one  year, 
or  by  both  such  fine  and  imprisonment.  Whoever,  being  author- 
ized to  sign  an  employment  certificate,  knowingly  certifies  to  any 
materially  false  statement  therein  shall  be  punished  by  a fine  of 
not  less  than  ten  nor  more  than  two  hundred  dollars.  Whoever, 
without  authority,  alters  an  employment  certificate  after  the  same 
is  issued  shall  be  punished  by  a fine  of  ten  dollars. 

Acts  of  1909,  Chapter  514,  Section  76. 

Public  Exhibition  of  Children.  — No  person  shall  employ, 
exhibit  or  sell,  apprentice  or  give  away,  a child  under  fifteen 
years  of  age  for  the  purpose  of  employing  or  exhibiting  him 
in  dancing  on  the  stage,  playing  on  musical  instruments,  singing, 
walking  on  a wire  or  rope,  or  riding  or  performing  as  a gym- 
nast, contortionist  or  acrobat  in  a circus,  theatrical  exhibition 
or  in  any  public  place,  or  cause,  procure  or  encourage  such  child 
to  engage  therein;  but  the  provisions  of  this  section  shall  not 
prevent  the  education  of  children  in  vocal  and  instrumental  music 
or  dancing  or  their  employment  as  musicians  in  a church,  chapel, 
school  or  school  exhibition,  or  prevent  their  taking  part  in  any 
festival,  concert  or  musical  exhibition  upon  the  special  written 
permission  of  the  mayor  and  aldermen  of  a city  or  of  the  select- 
men of  a town.  Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  a fine  of  not  more  than  two  hundred  dollars 
or  by  imprisonment  for  not  more  than  six  months. 


MISCELLANEOUS. 

Acts  of  1909,  Chapter  514,  Section  73. 

Children  forbidden  to  clean  Machinery  in  Motion. — 

Whoever,  either  for  himself  or  as  superintendent,  overseer  or 
agent  permits  a child  under  fourteen  years  of  age  to  clean  any 


part  of  the  machinery  in  a factory,  if  it  is  in  motion  by  the  aid 
of  steam,  water  or  other  mechanical  power,  or  if  it  is  in  danger- 
ous proximity  to  such  moving  part,  shall  be  punished  by  a fine 
of  not  less  than  fifty  nor  more  than  one  hundred  dollars  for  each 
ofience. 

Acts  of  1909,  Chapter  514,  Section  77. 

A license  shall  not  be  granted  for  a theatrical  exhibition  or 
public  show  in  which  children  under  fifteen  years  of  age  are 
employed  as  acrobats  or  contortionists  or  in  any  feats  of  gym- 
nastics or  equestrianism,  or  in  which  such  children  who  belong 
to  the  public  schools  are  employed  or  allowed  to  take  part  as 
performers  on  the  stage  in  any  capacity,  or  if,  in  the  opinion 
of  the  board  authorized  to  grant  licenses,  such  children  are  em- 
ployed in  such  a manner  as  to  corrupt  their  morals  or  impair 
their  health;  but  the  provisions  of  this  section  shall  not  prevent 
the  granting  of  special  permission  authorized  by  the  preceding 
section. 

Seats  for  Children.  {See  Women  and  Minors,  page  49.) 
Meal  Hours  for  Young  Persons.  {See  Women  and  Minors, 
page  49.) 

Duties  of  Inspectors  regarding  Health  of  Minors.  {See 
Health,  Inspection,  page  60.) 


43 


WOMEN  AND  MINORS. 

APPRENTICESHIP. 

Revised  Laws,  Chapter  155. 

Male  and  Female  Minors  as  Apprentices  or  Servants. — 

Section  1.  A child  under  the  age  of  fourteen  years  may  be 
bound  as  an  apprentice  or  servant  until  that  age;  and  a minor 
above  said  age  may  be  bound  as  an  apprentice  or  servant,  a fe- 
male to  the  age  of  eighteen  j^ears  or  to  the  time  of  her  marriage 
within  that  age,  and  a male  to  the  age  of  twenty-one  years. 

Section  2.  A child  under  the  age  of  fourteen  years  may  be 
bound  by  the  father,  or,  in  case  of  his  death  or  incompetency, 
by  the  mother  or  legal  guardian.  If  illegitimate,  he  or  she  may 
be  bound  by  the  mother  during  the  lifetime  of  the  putative  father 
as  well  as  after  his  decease.  If  such  children  have  no  parent 
competent  to  act  and  no  guardian,  they  may,  with  the  approval 
of  the  selectmen  of  the  town  in  which  they  reside,  bind  them- 
selves. The  power  of  a mother  to  bind  her  children  shall  cease 
upon  her  subsequent  marriage  and  shall  not  be  exercised  by  her- 
self or  by  her  husband  during  the  continuance  of  such  marriage. 

Section  3.  A minor  above  the  age  of  fourteen  years  may  be 
bound  in  the  same  manner,  but,  if  bound  by  his  parent  or  guard- 
ian, the  indenture  shall  recite  his  consent  and  shall  be  signed  by 
him. 

Certain  Minors  may  be  bound  by  Overseers  of  Poor. — 

Section  4.  A minor  child  who  is,  or  either  of  whose  parents  is, 
chargeable  to  a town  as  having  a lawful  settlement  therein  or 
supported  there  at  the  expense  of  the  commonwealth  may,  whether 
under  or  above  the  age  of  fourteen  years,  be  so  bound  by  the 
overseers  of  the  poor,  a female  to  the  age  of  eighteen  years  or 
to  the  time  of  her  marriage  within  that  age,  and  a male  to  the 
age  of  twenty-one  years;  and  provision  shall  be  made  in  the  con- 
tract for  teaching  such  minor  reading,  writing  and  arithmetic, 
and  for  such  other  instruction,  benefit  and  allowance,  either 
within  or  at  the  end  of  the  term,  as  the  overseers  may  require. 

Indenture  to  be  made.  — Section  5.  A minor  shall  not  be 
bound  as  an  apprentice  or  servant  except  by  an  indenture  of 


44 


two  parts  sealed  and  delivered  by  both  parties;  and  if  a minor 
is  bound  with  the  approval  of  the  selectmen,  they  shall  certify 
such  approval  in  writing  upon  each  part  of  the  indenture. 

Section  6.  One  part  of  the  indenture  shall  be  kept  for  the  use 
of  the  minor  by  the  parent  or  guardian  who  executes  it,  and,  if 
made  with  the  approval  of  the  selectmen  or  by  the  overseers  of 
the  poor,  shall  be  deposited  with  the  town  clerk  for  the  use  of 
the  minor. 

Discharge  of  Apprentice  by  Death  of  Master  or  Mistress. 

— Section  18.  No  indenture  of  apprenticeship  or  of  ’service 
made  in  pursuance  of  this  chapter  shall  bind  the  minor  after  the 
death  of  his  master,  but  the  apprenticeship  or  service  shall  be 
thereby  discharged,  and  the  minor  may  be  bound  out  anew. 

Section  19.  The  foregoing  provisions  of  this  chapter  shall 
apply  as  well  to  mistresses  as  to  masters. 

EMPLOYMENT. 

Acts  of  1909,  Chapter  514,  Section  48,  amended  by  Acts  of  1911,  Chapter  484;  Acts 
of  1912,  Chapter  477;  Acts  of  1913,  Chapter  758;  Acts  of  1915,  Chapter  57  (General). 

Hours  of  Labor,  Time  Notices,  etc.  — No  child  under  eighteen 
years  of  age  and  no  woman  shall  be  employed  in  laboring  in  any 
factory  or  workshop,  or  in  any  manufacturing,  mercantile,  me- 
chanical establishment,  telegraph  office  or  telephone  exchange,  or 
by  any  express  or  transportation  company,  more  than  ten  hours 
in  any  one  day;  and  in  no  case  shall  the  hours  of  labor  exceed 
fifty-four  in  a week  except  that  in  manufacturing  establishments 
where  the  employment  is  by  seasons,  the  number  of  such  hours  in 
any  week  may  exceed  fifty-four,  but  not  fifty-eight,  provided  that 
the  total  number  of  such  hours  in  any  year  shall  not  exceed  an 
average  of  fifty-four  hours  a week  for  the  whole  year,  excluding 
Sundays  and  holidays;  and  if  any  child  or  woman  shall  be  em- 
ployed in  more  than  one  such  place  the  total  number  of  hours  of 
such  employment  shall  not  exceed  fifty-four  hours  in  any  one 
week.  Every  employer,  except  those  employers  hereinafter  des- 
ignated, shall  post  in  a conspicuous  place  in  every  room  in  which 
such  persons  are  employed  a printed  notice  stating  the  number  of 
hours’  work  required  of  them  on  each  day  of  the  week,  the  hours 
of  beginning  and  stopping  work,  and  the  hours  when  the  time 


45 


allowed  for  meals  begins  and  ends  or,  in  the  case  of  mercantile  es- 
tablishments and  of  establishments  exempted  from  the  provisions 
of  sections  sixty-seven  and  sixty-eight,  the  time,  if  any,  allowed 
for  meals.  The  printed  forms  of  such  notices  shall  be  provided 
by  the  state  board  of  labor  and  industries,  after  approval  by  the 
attorney-general.  The  employment  of  any  such  person  at  any 
time  other  than  as  stated  in  said  printed  notice  shall  be  deemed 
a violation  of  the  provisions  of  this  section  unless  it  appears  that 
such  employment  was  to  make  up  time  lost  on  a previous  day  of 
the  same  week  in  consequence  of  the  stopping  of  machinery  upon 
which  such  person  was  employed  or  dependent  for  employment; 
but  no  stopping  of  machinery  for  less  than  thirty  consecutive 
minutes  shall  justify  such  overtime  employment,  nor  shall  such 
overtime  employment  be  authorized  until  a written  report  of  the 
day  and  hour  of  its  occurrence  and  its  duration  is  sent  to  the 
state  board  of  labor  and  industries,  nor  shall  such  overtime  em- 
ployment be  authorized  because  of  the  stopping  of  machinery  for 
the  celebration  of  any  holiday.  Every  employer  engaged  in  fur- 
nishing public  service  or  in  any  other  kind  of  business  in  respect 
to  which  the  state  board  of  labor  and  industries  shall  find  that 
public  necessity  or  convenience  requires  the  employment  of  chil- 
dren under  the  age  of  eighteen  or  women  by  shifts  during  different 
periods  or  parts  of  the  day,  shall  post  in  a conspicuous  place  in 
every  room  in  which  such  persons  are  employed  a printed  notice 
stating  separately  the  hours  of  employment  for  each  shift  or  tour 
of  duty  and  the  amount  of  time  allowed  for  meals.  Printed  forms 
of  such  notices  shall  be  provided  by  the  state  board  of  labor  and 
industries,  after  approval  by  the  attorney-general.  A list  by  name 
of  the  employees,  stating  in  which  shift  each  is  employed,  shall 
be  kept  on  file  at  each  place  of  employment  for  inspection  by 
employees  and  by  officers  charged  with  the  enforcement  of  the 
law.  In  cases  of  extraordinary  emergency  as  defined  by  section 
one  of  chapter  four  hundred  and  ninety-four  of  the  acts  of  the 
year  nineteen  hundred  and  eleven  or  extraordinary  public  require- 
ment, the  provisions  of  this  act  shall  not  apply  to  employers 
engaged  in  public  service  or  in  other  kinds  of  business  in  which 
shifts  may  be  required  as  hereinbefore  stated;  but  in  such  cases 
no  employment  in  excess  of  the  hours  authorized  under  the  pro- 


46 


visions  of  this  act  shall  be  considered  as  legalized  until  a written 
report  of  the  day  and  hour  of  its  occurrence  and  its  duration  is 
sent  to  the  state  board  of  labor  and  industries. 

Acts  of  1913,  Chapter  365. 

Certain  Places  exempt  from  Posting  Time  Notices.  — In 

towns  of  less  than  forty-five  hundred  inhabitants,  the  employer 
of  women  or  minors  in  a hotel  or  upon  premises  used  for  the 
temporary  purpose  of  publicly  providing  and  serving  meals  shall 
be  exempt  from  posting  the  notices  required  by  the  provisions  of 
section  forty-seven  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  the  year  nineteen  hundred  and  nine.  (See  Acts  of  1913, 
chapter  758,  page  44.) 

Acts  of  1909,  Chapter  514,  Section  49. 

Penalties,  Form  of  Complaint,  etc.  — A parent  or  guardian 
who  permits  a minor  under  his  control  to  be  employed  in  viola- 
tion of  either  of  the  two  preceding  sections,  and  any  person  who, 
either  for  himself  or  as  superintendent,  overseer  or  agent  for 
another,  employs  any  person  in  violation  of  the  provisions  of 
either  of  said  sections,  or  fails  to  post  the  notice  required  by 
either  of  the  preceding  sections,  or  makes  a false  report  of  the 
stopping  of  machinery  under  the  provisions  of  the  preceding  sec- 
tion, shall  be  punished  by  a fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars.  A certificate  of  the  age  of  a minor 
made  and  sworn  to  by  him  and  by  his  parent  or  guardian  at  the 
time  of  his  employment  in  a mercantile,  manufacturing  or  mechan- 
ical establishment  shall  be  prima  facie  evidence  of  his  age  in  any 
prosecution  under  the  provisions  of  this  section. 

Acts  of  1909,  Chapter  514,  Section  50. 

The  form  of  complaint  heretofore  used  may  be  used  in  prosecu- 
tions under  the  provisions  of  section  forty-eight  of  this  act,  and 
if  substantially  followed  shall  be  deemed  sufficient,  fully  and 
plainly,  substantially  and  formally,  to  describe  the  offences  therein 
set  forth  but  the  provisions  of  this  section  shall  not  be  construed 
to  prohibit  the  use  of  any  other  suitable  form. 


47 


Acts  of  1911,  Chapter  313,  Section  1,  amended  by  Acts  of  1912,  Chapter  452. 

Employment  of  Women  and  Children  in  Workshops  con- 
nected with  Mercantile  Establishments.  — The  provisions  of 
section  forty-seven  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  the  year  nineteen  hundred  and  nine,  relative  to  the  em- 
ployment of  children  and  women  in  mercantile  establishments, 
shall  also  apply  to  children  and  women  employed  in  a workshop 
for  the  altering  or  repairing  of  garments:  provided,  that  the 
workshop  is  connected  with  a mercantile  establishment  where  the 
said  garments  are  sold  at  retail,  and  is  owned  and  operated  by 
the  proprietor  of  such  mercantile  establishment;  and  provided, 
also,  that  such  children  and  women  shall  not  be  employed  more 
than  fifty-six  hours  in  any  one  week.  The  provisions  of  section 
forty-eight  of  the  said  chapter  shall  not  apply  to  children  and 
women  employed  as  aforesaid. 

Acts  of  1909,  Chapter  514,  Section  51. 

Night  Employment  in  Manufacturing.  — No  person,  and 
no  agent  or  officer  of  a person  or  corporation,  shall  employ  a 
woman  or  minor  in  any  capacity  for  the  purpose  of  manufactur- 
ing between  ten  o’clock  at  night  and  six  o’clock  in  the  morning. 
No  person,  and  no  agent  or  officer  of  a person  or  corporation 
engaged  in  the  manufacture  of  textile  goods,  shall  employ  a woman 
or  a minor  before  six  o’clock  in  the  morning  or  after  six  o’clock 
in  the  evening.  Whoever  violates  the  provisions  of  this  section 
shall  be  punished  by  a fine  of  not  less  than  twenty  nor  more  than 
fifty  dollars  for  each  offence. 

Acts  of  1912,  Chapter  653. 

Employment  of  Women  in  Core-rooms.  — Section'  1.  The 
state  board  of  labor  and  industries  shall  investigate  core-rooms 
where  women  are  employed  and  shall  make  rules  regulating  the 
employment  of  women  therein.  The  rules  shall  relate  to  the  struc- 
ture and  location  of  the  rooms,  the  emission  of  gases  and  fumes 
from  ovens,  and  the  size  and  weight  which  the  women  shall  be 
allowed  to  lift  or  work  on.  A copy  of  the  rules  shall  be  posted 
in  every  core-room  w^here  women  are  employed. 


48 


Section  2.  The  inspectors  of  the  state  board  of  labor  and  in- 
dustries shall,  under  the  direction  of  the  state  board  of  labor  and 
industries,  enforce  any  rules  made  in  accordance  with  the  pro- 
visions of  this  act. 

Section  3.  Whoever  violates  any  rule  established  under  the 
provisions  of  this  act  shall  be  punished  by  a fine  of  not  less  than 
twenty-five  dollars  or  more  than  five  hundred  dollars. 

Acts  of  1911,  Chapter  229. 

Employment  of  Pregnant  Women.  — Section  1.  No  woman 
shall  knowingly  be  employed  in  laboring  in  a mercantile,  manu- 
facturing or  mechanical  establishment  within  two  weeks  before  or 
four  weeks  after  childbirth. 

Section  2.  The  foregoing  section  shall  be  included  in  the  no- 
tice with  regard  to  the  employment  of  women  now  required  to  be 
posted  in  mercantile,  manufacturing  and  mechanical  establish- 
ments, and  the  provisions  thereof  shall  be  enforced  by  the  state 
board  of  labor  and  industries. 

Section  3.  Violations  of  section  one  of  this  act  shall  be  pun- 
ished by  a fine  not  exceeding  one  hundred  dollars. 


MISCELLANEOUS. 

Acts  of  1913,  Chapter  426,  Section  1,  amended  by  Acts  of  1914,  Chapter  241,  and  Acts 
of  1915,  Chapter  27  (General). 

Moving  by  Women  of  Boxes  and  Other  Receptacles  in 
Mills  and  Workshops.  — Boxes,  baskets  and  other  receptacles 
which  with  their  contents  weigh  seventy-five  pounds  or  over  and 
which  are  to  be  moved  by  female  employees  in  any  manufacturing 
or  mechanical  establishment,  shall  be  provided  with  pulleys  or 
casters  connected  with  such  boxes  or  other  receptacles  so  that  they 
can  be  moved  easily  from  place  to  place  in  such  establishments. 

Acts  of  1913,  Chapter  426,  Section  2. 

Whoever  violates  the  provisions  of  this  act  shall  be  punished  by 
a fine  not  exceeding  fifty  dollars  for  every  day  during  which  there 
shall  be  a failure  to  equip  or  provide  such  boxes,  baskets  or  other 
receptacles  with  some  one  of  the  appliances  specified  in  section 
one  of  this  act. 


49 


Acts  of  1909,  Chapter  514,  Section  72,  amended  by  Acts  of  1912,  Chapter  96. 

Seats  for  Women  and  Children.  — Whoever  employs  women 
or  children  in  any  manufacturing,  mechanical  or  mercantile  estab- 
lishment shall  provide  for  their  use  and  permit  them  to  use  suit- 
able seats  whenever  they  are  not  necessarily  engaged  in  the  active 
duties  of  their  employment,  and  shall  also  provide  for  their  use 
and  permit  them  to  use  suitable  seats  while  they  are  at  work,  ex- 
cept in  such  cases  and  at  such  times  as  the  work  cannot  properly 
be  performed  in  a sitting  position.  Whoever  violates  the  provi- 
sions of  this  section  shall  be  punished  by  a fine  of  not  less  than 
ten  nor  more  than  thirty  dollars  for  each  offence. 

Acts  of  1909,  Chapter  514. 

Meal  Hours  for  Women  and  Young  Persons.  — Section  67. 
Women  and  young  persons,  five  or  more  in  number,  who  are  em- 
ployed in  the  same  factory  shall  be  allowed  their  meal  times  at 
the  same  hour,  except  that  any  such  persons  who  begin  work  in 
such  factory  at  a later  hour  in  the  morning  than  other  such  per- 
sons employed  therein  may  be  allowed  their  meal  times  at  a dif- 
ferent hour;  but  no  such  persons  shall  be  employed  during  the 
regular  meal  hour  in  tending  the  machines  or  doing  the  work  of 
any  other  women  or  young  persons  in  addition  to  their  own. 

Section  68.  No  woman  or  young  person  shall  be  employed  for 
more  than  six  hours  at  one  time  in  a factory  or  workshop  in 
which  five  or  more  such  persons  are  employed  without  an  inter- 
val of  at  least  half  an  hour  for  a meal;  but  such  person  may  be 
so  employed  for  not  more  than  six  and  one-half  hours  at  one 
time  if  such  employment  ends  not  later  than  one  o^clock  in  the 
afternoon  and  if  he  or  she  is  then  dismissed  from  the  factory 
or  workshop  for  the  remainder  of  the  day;  or  for  not  more  than 
seven  and  one-half  hours  at  one  time  if  he  or  she  is  allowed 
sufficient  opportunity  for  eating  a lunch  during  the  continuance 
of  such  employment  and  if  such  employment  ends  not  later  than 
two  o^clock  in  the  afternoon,  and  he  or  she  is  then  dismissed  from 
the  factory  or  workshop  for  the  remainder  of  the  day. 

Section  69.  The  provisions  of  the  two  preceding  sections  shall 
not  apply  to  iron  works,  glass  works,  paper  mills,  letter  press 


50 


establishments,  print  works,  bleaching  works  or  dyeing  works; 
and  the  state  board  of  labor  and  industries,  if  it  is  proved  to 
its  satisfaction  that  in  any  other  class  of  factories  or  work- 
shops it  is  necessary,  by  reason  of  the  continuous  nature  of  the 
processes  or  of  special  circumstances  affecting  such  class,  to  ex- 
empt it  from  the  provisions  of  the  two  preceding  sections  and 
that  such  exemption  can  be  made  without  injury  to  the  health 
of  the  women  or  young  persons  affected  thereby,  may,  with  the 
approval  of  the  governor,  issue  a certificate  granting  such  ex- 
emption, public  notice  whereof  shall,  without  expense  to  the 
commonwealth,  be  given  in  the  manner  directed  by  said  board. 

Section  70.  If  a minor  or  a woman  shall,  without  the  orders, 
consent  or  knowledge  of  the  employer  or  of  the  superintendent, 
overseer  or  other  agent  of  the  employer,  labor  in  a manufactur- 
ing or  mechanical  establishment,  factory  or  workshop  during  a 
part  of  any  time  allowed  for  meals  in  such  establishment,  factory 
or  workshop,  according  to  the  notice  required  by  section  forty- 
eight,  and  if  a copy  of  such  notice  was  posted  in  a conspicuous 
place  in  the  room  where  such  labor  was  performed  with  a rule 
of  the  establishment,  factory  or  workshop  forbidding  such  minor 
or  woman  to  labor  during  such  time,  then  neither  the  employer 
nor  a superintendent,  overseer  or  other  agent  of  the  employer 
shall  be  held  responsible  for  such  labor. 

Section  71.  Whoever  either  for  himself  or  as  superintendent, 
overseer  or  agent  violates  the  provisions  of  the  four  preceding 
sections  shall  be  punished  by  a fine  of  not  less  than  fifty  nor 
more  than  one  hundred  dollars. 

Duties  of  Inspectors  regarding  Health  of  Minors.  {See 
Health,  Inspection,  page  60.) 


51 


LABOR. 

HOURS. 

Acts  of  1909,  Chapter  514,  Sections  37,  38,  40,  41,  amended  by  Acts  of  1911, 
Chapter  494. 

Hours  for  Public  Employees.  — Section  1.  The  service  of 
all  laborers,  workmen  and  mechanics,  now  or  hereafter  employed 
by  the  commonwealth  or  by  any  county  therein  or  by  any  city  or 
town  which  has  accepted  the  provisions  of  section  twenty  of 
chapter  one  hundred  and  six  of  the  Revised  Laws,  or  of  section 
forty-two  of  chapter  five  hundred  and  fourteen  of  the  acts  of 
the  year  nineteen  hundred  and  nine,  or  by  any  contractor  or  sub- 
contractor for  or  upon  any  public  works  of  the  commonwealth 
or  of  any  county  therein  or  of  any  such  city  or  town,  is  hereby 
restricted  to  eight  hours  in  any  one  calendar  day,  and  it  shall  be 
unlawful  for  any  officer  of  the  commonwealth  or  of  any  county 
therein,  or  of  any  such  city  or  town,  or  for  any  such  contractor 
or  sub-contractor  or  other  person  whose  duty  it  shall  be  to  em- 
ploy, direct  or  control  the  service  of  such  laborers,  workmen  or 
mechanics  to  require  or  permit  any  such  laborer,  workman  or 
mechanic  to  work  more  than  eight  hours  in  any  one  calendar 
day,  except  in  cases  of  extraordinary  emergency.  Danger  to 
property,  life,  public  safety  or  public  health  only  shall  be  con- 
sidered cases  of  extraordinary  emergency  within  the  meaning  of 
this  section.  In  cases  where  a Saturday  half  holiday  is  given  the 
hours  of  labor  upon  the  other  working  days  of  the  week  may  be 
increased  sufficiently  to  make  a total  of  forty-eight  hours  for  the 
week^s  work.  Threat  of  loss  of  employment  or  to  obstruct  or 
prevent  the  obtaining  of  employment  or  to  refrain  from  employ- 
ing in  the  future,  shall  each  be  considered  to  be  requiring 
within  the  meaning  of  this  section.  Engineers  shall  be  regarded 
as  mechanics  within  the  meaning  of  this  act. 

Section  2.  Every  contract,  excluding  contracts  for  the  pur- 
chase of  material  or  supplies,  to  which  the  commonwealth  or  any 
county  therein  or  any  city  or  town  which  has  accepted  the  pro- 
visions of  section  twenty  of  chapter  one  hundred  and  six  of  the 
Revised  Laws,  is  a party  which  may  involve  the  employment  of 
laborers,  workmen  or  mechanics  shall  contain  a stipulation  that 


52 


no  laborer,  workman  or  mechanic  working  within  this  common- 
wealth, in  the  employ  of  the  contractor,  sub-contractor  or  other 
person  doing  or  contracting  to  do  the  whole  or  a part  of  the  work 
contemplated  by  the  contract  shall  be  requested  or  required  to 
work  more  than  eight  hours  in  any  one  calendar  day,  and  every 
such  contract  which  does  not  contain  this  stipulation  shall  be  null 
and  void. 

SECTioisr  3.  Any  agent  or  official  of  the  commonwealth  or  of 
any  county  therein  or  of  any  city  or  town  or  any  contractor  or 
sub-contractor  or  any  agent  or  person  acting  on  behalf  of  any 
contractor  or  sub-contractor  who  violates  any  provision  of  this 
act  shall  be  punished  by  a fine  not  exceeding  one  thousand  dollars 
or  by  imprisonment  for  six  months  or  both  such  fine  and  im- 
prisonment for  each  offence. 

SECTioisr  4.  This  act  shall  ngt  apply  to  the  preparation,  print- 
ing, shipment  and  delivery  of  ballots  to  be  used  at  a caucus, 
primary,  state,  city  or  town  election,  nor  during  the  sessions  of 
the  general  court  to  persons  employed  in  legislative  printing  or 
binding;  nor  shall  it  apply  at  any  time  to  persons  employed  in 
any  state,  county  or  municipal  institution,  on  a farm,  or  in  the 
care  of  the  grounds,  in  the  stable,  in  the  domestic  or  kitchen  and 
dining  room  service  or  in  store  rooms  or  offices. 

Acts  of  1909,  Chapter  514,  Section  43. 

In  a city  or  town,  which  has  not  accepted  the  provisions  of 
sections  thirty-seven  or  forty-two,  [of  chapter  514  of  the  Acts 
of  1909]  nine  hours  shall  constitute  a day’s  work  for  all  laborers, 
workmen  and  mechanics  who  are  employed  by  or  on  behalf  of 
such  city  or  town. 

Acts  of  1909,  Chapter  514,  Section  53. 

Hours  for  Officers,  Instructors  and  Employees  of  State 
Penal  Institutions.  — The  hours  of  labor  for  officers,  instruct- 
ors, and  employees  of  the  state  penal  institutions  shall  not  ex- 
ceed sixty  in  each  week;  and  every  officer,  instructor  or  employee 
whose  duties  require  his  presence  at  the  institution  seven  days 
a week  shall  be  given  at  least  two  days’  vacation  in  each  month, 
which  shall  be  in  addition  to  the  regular  annual  vacation  and 
without  loss  of  pay.  Nothing  in  this  section  shall  prevent  the 


53 


warden  or  superintendent,  respectively,  from  requiring  the  serv- 
ices of  all  his  officers,  instructors  and  employees  to  assist  in 
recapturing  an  escaped  prisoner,  or  in  any  case  of  extraordinary 
emergency  involving  danger  to  property,  to  life,  to  public  safety 
or  to  public  health. 

Acts  of  1909,  Chapter  514,  Section  54. 

There  may  be  employed  at  the  state  prison,  the  Massachusetts 
reformatory,  and  the  reformatory  prison  for  women,  such  officers 
in  addition  to  the  number  allowed  by  law  on  the  first  day  of 
December  in  the  year  nineteen  hundred  and  eight  as  the  prison 
commissioners  shall  consider  necessary  to  carry  out  the  purpose 
of  the  preceding  section. 

Acts  of  1909,  Chapter  514,  Section  55. 

Hours  for  Employees  of  County  Jails  and  Houses  of  Cor- 
rection.— The  hours  of  labor  for  employees  of  county  jails  and 
houses  of  correction  shall  not  exceed  sixty  in  each  week  and  every 
employee  of  a county  jail  or  house  of  correction  whose  duties 
require  his  presence  at  such  house  of  correction  or  county  jail 
seven  days  a week  shall  be  given  at  least  two  days  of  vacation  in 
each  month,  which  shall  be  in  addition  to  any  annual  vacation 
now  or  hereafter  allowed  to  said  employees,  and  shall  be  without 
loss  of  pay.  A county  officer  who  violates  the  provisions  of  this 
section  by  requiring  an  employee  to  work  more  than  sixty  hours 
in  a week  shall  he  punished  by  a fine  of  not  less  than  twenty-five 
nor  more  than  fifty  dollars  for  each  offence. 

Acts  of5l912.  Chapter  533,  Section  2,  amended  by  Acts  of  1913,  Chapter  833,  Section  1, 
and  by  Acts  of  1915,  Chapter  277  (General). 

Hours  for  Employees  of  Street  Railways.  — A day^s  work 
for  all  conductors,  guards,  drivers,  motormen,  brakemen,  dispatch- 
ers and  gatemen  who  are  employed  by  or  on  behalf  of  a street 
railway  or  elevated  railway  company  shall  not  exceed  nine  hours, 
and  shall  be  so  arranged  by  the  employer  that  it  shall  be  per- 
formed within  eleven  consecutive  hours.  No  officer  or  agent  of 
any  such  company  shall  require  from  said  employees  more  than 
nine  hours^  work  for  a day^s  labor.  Threat  of  loss  of  employment 
or  threat  to  obstruct  or  prevent  the  obtaining  of  employment  by 
the  employees,  or  threat  to  refrain  from  employing  any  employee 


54 


in  the  future  shall  be  considered  coercion  and  requiring  within 
the  meaning  of  this  section.  But  nothing  herein  shall  prevent  an 
employee  of  the  character  mentioned  in  this  act,  if  he  so  desires, 
from  working  more  hours  than  those  prescribed  in  the  act  for  extra 
compensation. 

Acts  of  1912,  Chapter  533,  Section  3,  amended  by  Acts  of  1913,  Chapter  833,  Section  2. 

A company  which  violates  any  provision  of  this  act  shall  forfeit 
for  each  offence  not  less  than  one  hundred  dollars  nor  more  than 
five  hundred  dollars. 

Acts  of  1912,  Chapter  533,  Section  4,  amended  by  Acts  of  1913,  Chapter  833,  Section  3. 

This  act  shall  not  affect  any  written  contract  existing  at  the 
date  of  its  passage. 

Acts  of  1914,  Chapter  746. 

Hours  for  Certain  Employees  in  and  about  Railroad 
Stations.  — Section  1.  Employees  in  and  about  steam  railroad 
stations  in  this  commonwealth  designated  as  baggagemen,  laborers, 
crossing-tenders  and  the  like,  shall  not  be  employed  for  more  than 
nine  working  hours  in  ten  hours’  time;  the  additional  hour  to  be 
allowed  as  a lay-off. 

Section  2.  Any  employer,  agent,  officer  or  other  person  who 
violates  any  provision  of  this  act  shall  be  punished  by  a fine  not 
exceeding  one  hundred  dollars  for  each  offence. 


Acts  of  1914,  Chapter  623. 

Hours  for  Certain  Employees  of  Counties.  — The  hours  of 
labor  of  officers,  watchmen  and  matrons  employed  by  counties  in 
the  prisons  and  reformatory  institutions  of  the  commonwealth 
shall  not  exceed  eight  a day,  with  the  exceptions  and  subject  to 
the  provisions  contained  in  section  one  of  chapter  four  hundred 
and  ninety-four  of  the  acts  of  the  year  nineteen  hundred  and 
eleven,  so  far  as  the  said  exceptions  and  provisions  are  applicable. 

Acts  of  1909,  Chapter  514,  Section  44. 

Hours  for  Members  of  Fire  Departments.  — Any  city  may 
by  ordinance  and  any  town  may  by  by-law  establish  the  hours 
of  labor  of  the  members  of  its  fire  department. 


55 


Hours  for  Women  and  Children  under  Eighteen.  {See 
Women  and  Minors,  page  44.) 

HALF  HOLIDAYS. 

Acts  of  1912,  Chapter  528,  amended  by  Acts  of  1914,  Chapter  455. 

Half  Holiday  for  Certain  State  Employees.  — Laborers 
and  mechanics  in  the  permanent  service  of  the  metropolitan  water 
and  sewerage  board  or  the  metropolitan  park  commission,  except 
those  employed  in  the  pumping  stations  of  the  metropolitan  water 
and  sewerage  board  and  at  the  bath-houses  under  the  control  of 
the  metropolitan  park  commission,  shall  be  given  a half  holiday 
each  week  during  the  months  of  April,  May,  June,  July,  August 
and  September,  without  loss  of  pay,  and,  if  practicable,  the  half 
holiday  shall  be  on  Saturday.  If,  however,  the  public  service  so 
requires,  the  metropolitan  park  commission  and  the  metropolitan 
water  and  sewerage  board  may  at  any  time  during  the  year  give 
to  the  laborers  and  mechanics  in  their  permanent  service,  in  lieu 
of  the  said  half  holidays,  days  off  duty  without  loss  of  pay  equiv- 
alent in  time  to  the  half  holidays  which  would  otherwise  be  given 
under  this  act. 

Acts  of  1914,  Chapter  688. 

Half  Holiday  for  Laborers,  Workmen  and  Mechanics 
employed  by  Commonwealth.  — Section  1.  All  laborers, 
workmen  and  mechanics  employed  by  the  commonwealth  in  any 
capacity,  or  by  any  officer,  board  or  commission  on  behalf  of  the 
commonwealth  who  are  permanent  employees  or  who  have  been 
certified  by  the  civil  service  commission  and  whose  services  can 
be  dispensed  with,  shall  be  given  a half-holiday  on  every  Saturday 
in  the  year,  without  loss  of  pay. 

Section  2.  So  far  as  is  possible,  all  work  by  laborers,  work- 
men and  mechanics  employed  by  the  commonwealth  or  by  any 
officer,  board  or  commission  on  behalf  of  the  commonwealth,  shall 
be  on  the  day-work  basis. 

Section  3.  This  act  shall  be  submitted  for  acceptance  to  the 
voters  of  the  commonwealth  at  the  state  election  in  the  present 
year  in  answer  to  the  question,  to  be  printed  on  the  official  ballot 
for  use  at  said  election,  Shall  an  act  passed  by  the  general  court 


56 


in  the  year  nineteen  hundred  and  fourteen  to  make  Saturday  a 
half-holiday,  without  loss  of  pay,  for  laborers,  workmen  and 
mechanics  employed  by  or  on  behalf  of  the  common- 
wealth and  otherwise  to  regulate  their  employment, 
be  accepted?’^ 

If  a majority  of  the  voters  voting  thereon  vote  in  the  affirma- 
tive, this  act  shall  take  effect;  otherwise,  it  shall  be  void/ 


YES. 

NO. 

Acts  of  1915,  Chapter  288  (General). 

The  provisions  of  chapter  six  hundred  and  eighty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  fourteen  and  of  the  amend- 
ments thereof,  relative  to  making  Saturday  a half -holiday  for 
laborers,  workmen  and  mechanics  employed  by  or  on  behalf  of 
the  commonwealth  and  otherwise  regulating  their  employment, 
shall  apply  to  the  Massachusetts  Agricultural  College. 


LEGAL  HOLIDAYS. 

Acts  of  1911,  Chapter  151. 

Labor  on  Legal  Holidays.  — Section  1.  No  employee  shall 
be  required  to  work  in  any  mill  or  factory  on  any  legal  holiday, 
except  to  perform  such  work  as  is  both  absolutely  necessary  and 
can  lawfully  be  performed  on  the  Lord’s  day. 

Section  2.  Whoever  violates  the  provisions  of  this  act  shall 
be  punished  by  a fine  not  exceeding  five  hundred  dollars. 

Acts  of  1913,  Chapter  359. 

Time  Lost  by  Reason  of  Legal  Holiday.  — Section  1.  It 
shall  be  unlawful  to  require  or  to  request  any  person  employed  in  a 
manufacturing  or  mechanical  establishment  to  work  more  hours 
in  any  one  day  than  is  now  limited  by  law,  in  order  to  make  up 
time  lost  by  reason  of  a legal  holiday. 

Section  2.  Whoever  violates  the  provisions  of  this  act  shall 
be  punished  by  a fine  not  exceeding  one  hundred  dollars  for  each 
offence. 


1 Accepted  Nov.  3, 1914. 


57 


Revised  Laws,  Chapter  8,  Seotion  5,  clause  9,  amended  by  Acts  of  1911,  Chapter  136. 

The  words  legal  holiday  shall  include  the  twenty-second 
day  of  February,  the  nineteenth  day  of  April,  the  thirtieth  day 
of  May,  the  fourth  day  of  July,  the  first  Monday  of  September, 
the  twelfth  day  of  October,  Thanksgiving  day  and  Christmas 
day,  or  the  day  following  when  any  of  the  four  days  first  men- 
tioned, the  twelfth  day  of  October  or  Christmas  day  occurs  on 
Sunday;  and  the  public  offices  shall  be  closed  on  all  of  said  days. 

ONE  DAY’S  REST  IN  SEVEN. 

Revised  Laws,  Chapter  98,  Section  16. 

Lord^s  Day  ” defined.  — The  Lord^s  Day  shall  include  the 
time  from  midnight  to  midnight. 

Acts  of  1907,  Chapter  577,  amended  by  Acts  of  1909,  Chapter  514,  Section  52. 

Sunday  Labor.  — Except  in  cases  of  emergency  or  except  at 
the  request  of  the  employee,  it  shall  not  be  lawful  for  any  joer- 
son,  partnership,  association  or  corporation  to  require  an  em- 
ployee engaged  in  any  commercial  occupation,  or  in  the  work  of 
any  industrial  process,  or  in  the  work  of  transportation  or  com- 
munication, to  do  on  the  Lord^s  day  the  usual  work  of  his  occu- 
pation, unless  such  employee  is  allowed  during  the  six  days  next 
ensuing  twenty-four  consecutive  hours  without  labor.  But  the 
provisions  of  this  section  shall  not  be  construed  as  authorizing 
any  work  on  the  Lord^s  day  not  now  authorized  by  law;  nor  as 
applying  to  farm  or  personal  service,  to  druggists,  to  watchmen, 
to  superintendents  or  managers,  to  janitors,  or  to  persons  en- 
gaged in  the  transportation,  sale  or  delivery  of  milk,  food  or 
newspapers.  Whoever  violates  the  provisions  of  this  section  shall 
be  punished  by  a fine  of  not  more  than  fifty  dollars  for  each 
offence. 

Acts  of  1913,  Chapter  619. 

One  Day’s  Rest  in  Seven.  — Section  1.  Every  employer  of 
labor,  whether  a person,  partnership  or  corporation,  engaged  in 
carrying  on  any  manufacturing  or  mercantile  establishment  in 
this  commonwealth  as  hereinafter  defined,  shall  allow  every  per- 


58 


son,  except  those  specified  in  section  two,  employed  in  such 
manufacturing  or  mercantile  establishment  at  least  twenty-four 
consecutive  hours  of  rest  in  every  seven  consecutive  days.  No 
employer  shall  operate  any  such  manufacturing  or  mercantile 
establishment  on  Sunday,  unless  he  shall  have  complied  with  the 
provisions  of  section  three;  but  this  act  shall  not  authorize  any 
work  on  Sunday  not  now  authorized  by  law. 

SECTioisr  2.  This  act  shall  not  apply  to  (a)  janitors;  (b) 
watchmen;  (c)  employees  whose  duties  include  no  work  on  Sun- 
day other  than  (1)  setting  sponges  in  bakeries;  (2)  caring  for 
live  animals;  (3)  maintaining  fires;  (4)  caring  for  machinery; 
(5)  employees  engaged  in  the  preparation,  printing,  publication, 
sale  or  delivery  of  newspapers;  (6)  any  labor  called  for  by  an 
emergency  that  could  not  reasonably  have  been  anticipated. 

SECTioisr  3.  Before  operating  on  Sunday,  every  employer  shall 
post  in  a conspicuous  place  on  the  premises  a schedule  contain- 
ing a list  of  his  employees  who  are  required  or  allowed  to  work 
on  Sunday  and  designating  the  day  of  rest  for  each,  and  shall 
file  a copy  of  such  schedule  with  the  state  board  of  labor  and 
industries.  The  employer  shall  promptly  file  with  the  said  board 
a copy  of  every  change  in  such  schedule.  No  employee  shall  be 
required  or  allowed  to  work  on  the  day  of  rest  so  designated  for 
him. 

Section  4.  Every  employer  to  whose  employees  the  provisions 
of  this  act  apply  shall  keep  a time  book  showing  the  names  and 
addresses  of  all  employees  and  the  hours  worked  by  each  of  them 
in  each  day,  and  such  time  book  shall  be  open  to  inspection  by 
the  state  board  of  labor  and  industries. 

Section  5.  In  this  act  manufacturing  establishments  ’’  and 
mercantile  establishments  shall  have  the  meaning  defined  in 
section  seventeen  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  the  year  nineteen  hundred  and  nine,  except  that  neither 
of  said  terms  shall  be  held  to  include  establishments  used  for  the 
manufacture  or  distribution  of  gas,  electricity,  milk  or  water, 
hotels,  restaurants,  dmg  stores,  livery  stables  or  garages. 

Section  6.  An  employer  who  violates  any  provision  of  this 
act  shall  be  punished  by  a fine  of  fifty  dollars  for  each  offence. 


59 


Section  7.  All  acts  and  parts  of  acts  inconsistent  herewith 
are  hereby  repealed,  but  this  act  shall  not  be  construed  as  repeal- 
ing chapter  four  hundred  and  twenty  of  the  acts  of  the  year 
nineteen  hundred  and  nine,  or  any  part  thereof. 


Acts  of  1914,  Chapter  723. 

Days  of  Rest  for  Certain  Railroad  Employees.  — Sec- 
tion 1.  Every  person  employed  as  signalman,  towerman,  lever- 
man,  agent,  train  dispatcher,  telegrapher  or  telephone  operator 
in  a railroad  signal  tower  or  railroad  station,  and  every  other 
person  employed  by  a railroad  in  the  operating  of  trains  by  the 
use  of  the  telegraph,  telephone  or  signal  and  interlocking  switch- 
ing machines  shall  be  allowed  two  days  of  twenty-four  hours 
each  in  every  calendar  month  for  rest  with  regular  compensation ; 
except  in  a case  of  extraordinary  emergency  caused  by  accident, 
fire,  fiood,  or  danger  to  life  or  property,  in  which  case  the  said 
period  of  rest  shall  be  allowed  after  the  emergency  is  past. 

Section  2.  Any  violation  of  the  provisions  of  this  act  shall  be 
punished  by  a fine  of  not  less  than  one  hundred  dollars  for  each 
offence. 

VACATIONS. 

Acts  of  1914,  Chapter  217. 

Vacations  of  Laborers  employed  by  Cities  and  Towns.  — 

Section  1.  All  persons  classified  as  laborers,  or  doing  the  work 
of  laborers,  and  regularly  employed  by  cities  or  towns  for  more 
than  one  year,  shall  be  granted  a vacation  of  not  less  than  two 
weeks  during  each  year  of  their  employment,  without  loss  of  pay. 

Section  2.  This  act  shall  be  submitted  to  the  voters  of  each 
of  the  cities  and  towns  of  the  commonwealth  at  the  next  annual 
state  election  for  their  acceptance  or  rejection,  and  shall  take 
effect  in  any  city  or  town  upon  its  acceptance  by  a majority  of 
the  voters  voting  thereon  in  the  affirmative. 

Acts  of  1915,  Chapter  60. 

Any  city  in  which  a majority  of  the  voters  at  the  last  state  elec- 
tion voted  to  accept  the  provisions  of  chapter  two  hundred  and 
seventeen  of  the  acts  of  the  year  nineteen  hundred  and  fourteen 
may  by  vote  of  the  city  council,  approved  by  the  mayor,  or  by 


60 


vote  of  the  commission  in  any  city  under  a commission  form  of 
government,  require  the  heads  of  the  executive  departments  to 
grant  a vacation  of  two  weeks  without  loss  of  pay  to  any  person 
regularly  employed  by  such  city  who  is  classified  as  a common 
laborer,  skilled  laborer,  mechanic  or  craftsman  in  the  labor  serv- 
ice, as  classified  by  the  civil  service  commission,  under  regulations 
established  by  said  commission  for  cities  to  which  the  labor  rules 
adopted  by  the  civil  service  commission  are  or  may  become 
applicable.  If  such  vacations  are  authorized,  they  shall  be  granted 
by  the  heads  of  the  executive  departments,  and  shall  begin  at 
such  times  as  in  the  opinion  of  the  heads  of  the  executive  de- 
partments will  cause  the  least  interference  with  the  performance 
of  the  regular  work  of  the  city. 


61 


HEALTH. 

INSPECTION. 

Acts  of  1907,  Chapter  537,  Section  3. 

Duties  of  Inspectors  regarding  Health  of  Minors.  — Every 
inspector  of  the  state  board  of  labor  and  industries  . . . shall  in- 
form himself  . . . concerning  the  health  of  all  minors  employed 
in  factories  within  his  district,  and,  whenever  he  may  deem  it  ad- 
visable or  necessary,  he  shall  call  the  ill-health  or  physical  unfitness 
of  any  minor  to  the  attention  of  his  or  her  parents  or  employers 
and  of  the  state  board  of  labor  and  industries. 

Acts  of  1907,  Chapter  537,  Section  5. 

The  inspectors  of  the  state  board  of  labor  and  industries 
shall,  under  the  direction  of  the  said  board  . . . enforce  the  pro- 
visions of  section  forty-one  of  chapter  one  hundred  and  four  of 
the  Revised  Laws  [Acts  of  1909,  chapter  514,  section  94]  so  far 
as  said  section  provides  that  factories  shall  be  well  ventilated  and 
kept  clean.  . . . 

LIGHTING,  VENTILATION  AND  CLEANLINESS. 

Acts  of  1914,  Chapter  328,  Section  2. 

Rules  and  Regulations.  — Every  factory,  workshop,  manu- 
facturing, mechanical  and  mercantile  establishment  shall  be  well 
lighted,  well  ventilated  and  kept  clean  and  free  from  unsanitary 
conditions,  according  to  such  reasonable  rules  and  regulations  as 
may  be  adopted  with  reference  thereto  by  the  state  board  of 
labor  and  industries. 

Acts  of  1909,  Chapter  514,  Section  83. 

Ventilation.  — Section  83.  A factory  in  which  five  or  more 
persons  and  a workshop  in  which  five  or  more  women  or  young 
persons  are  employed  shall,  while  work  is  carried  on  therein,  be 
so  ventilated  that  the  air  shall  not  become  so  impure  as  to  be 
injurious  to  the  health  of  the  persons  employed  therein  and  so 
that  all  gases,  vapors,  dust  or  other  impurities  injurious  to  health, 
which  are  generated  in  the  course  of  the  manufacturing  process 


62 


or  handicraft  carried  on  therein  shall,  so  far  as  practicable,  be 
rendered  harmless. 

Section  84.  If,  in  a workshop,  or  factory  which  is  within  the 
provisions  of  the  preceding  section,  any  process  is  carried  on  by 
which  dust  is  caused  which  may  be  inhaled  to  an  injurious  extent 
by  the  persons  employed  therein,  and  it  appears  to  an  inspector 
of  the  state  board  of  labor  and  industries  that  such  inhalation 
would  be  substantially  diminished  without  unreasonable  expense 
by  the  use  of  a fan  or  by  other  mechanical  means,  such  fan  or 
other  mechanical  means,  if  he  so  directs,  shall  be  provided,  main- 
tained and  used. 

Section  85.  A criminal  prosecution  shall  not  be  instituted 
for  any  violation  of  the  provisions  of  the  two  preceding  sections 
unless  such  employer  neglects,  for  four  weeks  after  the  receipt 
of  a notice  in  writing,  to  make  such  changes  in  his  factory  or 
workshop  as  shall  be  ordered  by  an  inspector  of  the  state  board 
of  labor  and  industries. 

Acts  of  1913,  Chapter  766. 

Lighting.  — Section  1.  Upon  the  request  of  any  member  of 
the  inspection  department  of  the  district  police,  or  upon  the  re- 
quest of  any  five  employees  in  a factory  or  workshop,  it  shall  be 
the  duty  of  the  state  board  of  labor  and  industries  established  by 
chapter  seven  hundred  and  twenty-six  of  the  acts  of  the  year 
nineteen  hundred  and  twelve  to  investigate  and  ascertain  whether 
or  not  such  factory  or  'workshop  is  adequately  lighted.  If  said 
board  shall  be  of  the  opinion,  after  such  investigation,  that  the 
factory  or  workshop  is  not  properly  lighted,  it  shall  notify  the 
owner  or  the  person  in  charge  thereof  and  shall  specify  what 
changes  should  be  made  in  order  to  light  properly  the  factory  or 
workshop,  and  the  owner  or  lessee  of  such  factory  or  workshop 
shall  make  the  changes  so  specified  as  soon  as  it  can  be  done  by 
the  exercise  of  reasonable  diligence. 

Section  2.  Any  o'vvner  or  lessee  of  a factory  or  workshop  who 
fails  to  comply  with  any  order  of  the  state  board  of  labor  and 
industries  made  under  the  provisions  of  section  one  of  this  act, 
provided  that  such  failure  is  not  the  result  of  causes  beyond  the 
control  of  the  owner  or  lessee,  shall  be  punished  by  a fine  not 
exceeding  five  hundred  dollars. 


63 


Acts  of  1911,  Chapter  603. 

Issuance  of  Printed  Matter  on  Protection  of  Eyes. — 

Section  1.  The  inspectors  of  the  state  board  of  labor  and  in- 
dustries, or  such  other  officers  as  the  said  board  may  from 
time  to  time  appoint,  shall,  when  obtaining  information  concern- 
ing the  proper  lighting  of  factories,  workshops  and  other  indus- 
trial establishments,  make  such  investigation  concerning  the  eye 
and  vision  in  their  relation  to  diseases  of  occupation,  including 
injuries  to  the  eyes  of  the  employees,  and  to  the  pathological  ef- 
fects which  are  produced  or  promoted  by  the  circumstances  under 
which  the  various  occupations  are  carried  on,  as,  in  the  opinion 
of  said  board  is  practicable,  and  the  board  shall  from  time  to  time 
issue  such  printed  matter  containing  suggestions  to  employers  and 
employees  for  the  protection  of  the  eyes  of  the  employees  as  it 
may  deem  advisable. 

Section  2.  If  it  appears  to  an  inspector  ...  or  other  officer 
appointed  by  said  board,  that  in  any  factory,  workshop  or  other 
industrial  establishment,  from  the  nature  of  the  work  or  of  the 
machinery  used  in  connection  therewith,  or  of  other  circum- 
stances, there  is  danger  of  injury  to  the  eyes  of  employees  en- 
gaged in  such  work,  and  that  the  danger  of  injury  may  be 
decreased  or  prevented  by  any  mechanical  device  or  other  prac- 
ticable means,  he  shall,  if  said  board  so  directs,  order  in  writing 
that  such  device  or  other  means  shall  be  provided  therein;  and 
it  shall  be  the  duty  of  the  proprietors  and  managers  of  the  fac- 
tory, workshop  or  other  industrial  establishment  to  comply  with 
the  order. 

Section  3.  Any  person,  firm  or  corporation  violating  any 
provision  of  this  act  shall  be  subject  to  a fine  of  not  less  than 
five  nor  more  than  two  hundred  dollars  for  every  week  during 
which  such  violation  continues:  provided^  however,  that  a crim- 
inal prosecution  for  any  violation  hereof  shall  not  be  begun 
unless  such  person,  firm  or  corporation  shall,  for  a period  of  four 
weeks  after  the  receipt  of  an  order  in  writing  from  an  inspector 
of  the  board  of  labor  and  industries  or  other  officer,  as  provided 
in  the  preceding  section,  neglect  to  comply  therewith. 


64 


Acts  of  1913,  Chapter  472. 

Cleaning  of  Presses  by  Publishers  and  Printers.  — All 

publishers  and  printers  shall  use  a sanitary  cloth  or  other  sani- 
tary material  in  cleaning  their  presses. 


Revised  Laws,  Chapter  75,  Section  23. 

Sanitation  of  Bakeries.  — All  buildings  which  are  occupied 
as  biscuit,  bread  or  cake  bakeries  shall  be  properly  drained  and 
plumbed.  They  shall  be  provided  with  a proper  wash  room  and 
water-closets,  having  ventilation  apart  from  the  bake  room  or 
rooms  where  food  products  are  manufactured;  and  no  water- 
closet,  earth  closet,  privy  or  ash  pit  shall  be  within  or  communi- 
cate directly  with  the  bake  room  of  any  bakery. 

Acts  of  1909,  Chapter  514,  Section  78,  amended  by  Acts  of  1915,  Chapter  117  (General). 

Drinking  Water.  — All  industrial  establishments  within  this 
commonwealth  shall  provide  fresh  and  pure  drinking  water  to 
which  their  employees  shall  have  access  during  working  hours. 
Any  person,  firm,  association  or  corporation  owning,  in  whole 
or  in  part,  managing,  controlling  or  superintending  any  industrial 
establishment  in  which  the  provisions  of  this  section  are  violated 
shall,  upon  complaint  of  an  inspector  of  the  state  board  of  labor 
and  industries,  of  the  board  of  health  of  the  city  or  town,  or  of 
the  selectmen  of  the  town  in  which  the  establishment  is  located 
be  punished  by  a fine  of  one  hundred  dollars  for  each  offence. 


Acts  of  1909,  Chapter  514,  Section  104,  amended  by  Acts  of  1914,  Chapter  557,  and 
by  Acts  of  1915,  Chapter  216  (General). 

Medical  Chest  and  Room  for  Injured  or  Sick  Employees. 

— Every  person,  firm  or  corporation  operating  a factory  or  shop 
in  which  machinery  is  used  for  any  manufacturing  or  other  pur- 
pose except  for  elevators,  or  for  heating  or  hoisting  apparatus, 
shall  at  all  times  keep  and  maintain,  free  of  expense  to  the  em- 
ployees, such  medical  or  surgical  chest,  or  both,  as  shall  be  re- 
quired by  the  state  board  of  labor  and  industries,  and  containing 
plasters,  bandages,  absorbent  cotton,  gauze,  and  all  other  neces- 
sary medicines,  instruments  and  other  appliances  for  the  treat- 
ment of  persons  injured  or  taken  ill  upon  the  premises.  Every 


65 


such  person,  firm  or  corporation,  employing  one  hundred  or  more 
persons,  shall,  if  so  required  by  the  state  board  of  labor  and 
industries,  provide  accommodations,  satisfactory  to  said  board, 
for  the  treatment  of  persons  injured  or  taken  ill  upon  the  prem- 
ises. Every  person,  firm  or  corporation  carrying  on  a business 
in  a mercantile  establishment  in  which  twenty  or  more  women 
or  minors  are  employed,  shall  in  the  manner  aforesaid  provide 
such  medical  and  surgical  chest  as  the  state  board  of  labor  and 
industries  may  require.  A person,  firm  or  corporation  violating 
any  provision  of  this  section  shall  be  punished  by  a fine  of  not 
less  than  five  dollars  nor  more  than  five  hundred  dollars  for 
every  week  during  which  such  violation  continues. 


TOILET  FACILITIES. 

Acts  of  1909,  Chapter  514,  Section  79,  amended  by  Acts  of  1914,  Chapter  328,  Section  1, 
and  by  Acts  of  1914,  Chapter  726. 

Toilets  to  be  provided.  — In  every  factory,  workshop,  manu- 
facturing, mechanical,  mercantile  or  other  establishment,  there 
shall  be  provided  suitable,  adequate  and  convenient  water-closets 
and  washing  facilities,  separate  for  each  sex  and  plainly  so  desig- 
nated, of  such  number,  in  such  location  and  so  constructed, 
lighted,  ventilated,  arranged  and  maintained  as  may  be  deter- 
mined by  such  reasonable  rules  and  regulations  as  the  state  board 
of  labor  and  industries  may  adopt  with  reference  thereto.  No 
person  shall  be  allowed  to  use  a closet  or  privy  which  is  pro- 
vided for  the  use  of  persons  of  the  opposite  sex.  If  any  such 
establishment  is  so  located  that  a connection  with  a sewer  system 
is,  in  the  opinion  of  the  said  board,  impossible  or  impracticable, 
it  shall  provide  such  suitable  toilet  and  washing  facilities  as  may 
be  required  by  the  said  board. 

Acts  of  1914,  Chapter  164. 

Defacing  of  Toilet  Appliances.  — Whoever  wilfully  destroys, 
defaces,  injures  or  defiles  any  toilet  appliances  provided  in  any 
place  of  employment  shall  be  punished  by  a fine  of  not  more 
than  fifty  dollars. 


66 


Acts  of  1909,  Chapter  514,  Section  80,  amended  by  Acts  of  1910,  Chapter  259,  Section  1. 

Making  of  Changes.  — The  owner,  lessee  or  occupant  of  any 
premises  which  are  used  as  described  in  the  preceding  section 
shall  make  the  changes  necessary  to  conform  thereto.  If  such 
changes  are  made  upon  the  order  of  an  inspector  of  the  board 
of  labor  and  industries,  by  the  occupant  or  lessee  of  the  prem- 
ises, he  may,  within  thirty  days  after  the  completion  thereof 
bring  an  action  against  any  other  person  who  has  an  interest 
in  such  premises,  and  may  recover  such  proportion  of  the  expense 
of  making  such  changes  as  the  court  adjudges  should  justly  and 
equitably  be  borne  by  the  defendant. 


Acts  of  1909,  Chapter  514,  Section  81. 

Notice  of  Neglect  or  Fault  to  be  sent  to  Board  of  Health 
by  Inspectors.  — If  it  appears  to  an  inspector  of  the  board  of 
labor  and  industries  that  any  act,  neglect  or  fault  in  relation 
to  any  drain,  water  closet,  earth  closet,  privy,  ashpit,  water 
supply,  nuisance  or  other  matter  in  a factoiy  or  workshop  in- 
cluded under  the  provisions  of  section  seventy-nine,  is  punishable 
or  remediable  under  the  provisions  of  chapter  seventy-five  of 
the  Revised  Laws  or  any  other  law  relative  to  the  preservation 
of  the  public  health,  but  not  under  the  provisions  of  this  chapter, 
he  shall  give  notice  in  writing  thereof  to  the  board  of  health  of 
the  city  or  town  in  which  such  factory  or  workshop  is  situated, 
and  such  board  of  health  shall  thereupon  inquire  into  the  sub- 
ject of  the  notice  and  enforce  the  laws  relative  thereto. 


Acts  of  1909,  Chapter  514,  Section  82,  amended  by  Acts  of  1910,  Chapter  259,  Section  2. 

Penalty.  — A criminal  prosecution  shall  not  be  instituted 
against  a person  for  a violation  of  the  provisions  of  sections 
seventy-nine  and  eighty  until  four  weeks  after  notice  in  writing 
by  an  inspector  of  the  board  of  labor  and  industries,  of  the 
changes  necessary’-  to  be  made  to  comply  with  the  provisions  of 
said  sections  has  been  sent  by  mail  or  delivered  to  such  person, 
nor  if  such  changes  shall  have  been  made  in  accordance  with 
such  notice.  A notice  shall  be  sufficient  under  the  provisions  of 
this  section  if  given  to  one  member  of  a firm,  or  to  the  clerk. 


67 


cashier,  secretary,  agent  or  any  other  officer  who  has  charge  of 
the  business  of  a corporation,  or  to  its  attorney;  and  in  case  of 
a foreign  corporation,  to  the  officer  who  has  the  charge  of  such 
factory  or  workshop;  and  such  officer  shall  be  personally  liable 
for  the  amount  of  any  fine  if  a judgment  against  the  corporation 
is  returned  unsatisfied. 


Acts  of  1909,  Chapter  514,  Se3tion  102. 

Room  in  which  Men  may  change  their  Clothes.  — The 

proprietor  of  every  foundry  engaged  in  the  casting  of  iron,  brass, 
steel  or  other  metal,  and  employing  ten  or  more  men,  shall  estab- 
lish and  maintain,  except  in  cities  or  towns  in  which  it  would  be 
impracticable  by  reason  of  the  absence  of  public  or  private  sewer- 
age or  of  any  running  water  system,  a toilet  room  of  suitable  size 
and  condition  for  the  men  to  change  their  clothes  therein,  and 
provided  with  wash  bowls,  sinks  or  other  suitable  set  appliances 
connected  with  running  hot  and  cold  water,  and  also  a water 
closet  connected  with  running  water  and  separated  from  the  said 
toilet  room.  The  said  water  closet  and  toilet  room  shall  be  con- 
nected directly  with  the  foundry  building,  properly  heated,  ven- 
tilated and  protected,  so  far  as  may  be  reasonably  practicable, 
from  the  dust  of  the  foundry.  Whoever  fails  to  comply  with  the 
provisions  of  this  section,  after  being  requested  so  to  do  by  an 
inspector  of  the  state  board  of  labor  and  industries,  shall  be 
punished  by  a fine  of  not  more  than  fifty  dollars  for  each  oifence. 

EXPECTORATION. 

Acts  of  1906,  Chapter  165,  Section  1,  amended  by  Acts  of  1907,  Chapter  410,  Section  1, 
and  by  Acts  of  1908,  Chapter  150,  Section  1. 

Expectoration.  — No  person  shall  expectorate  or  spit  . . . 
except  in  receptacles  provided  for  the  purpose  ...  in  or  upon 
any  part  of  . . . any  mill  or  factory.  . . . 


Acts  of  1906,  Chapter  165,  Section  2,  amended  by  Acts  of  1907,  Chapter  410,  Section  2. 

Penalty.  — Whoever  violates  any  provision  of  this  act  shall 
be  punished  by  a fine  of  not  more  than  twenty  dollars.  Any 
person  detected  in  the  act  of  violating  any  provision  of  this  act 


68 


may  be  arrested  by  any  officer  authorized  to  serve  criminal  proc- 
ess in  the  place  where  the  offence  is  committed  and  kept  in 
custody  until  he  can  be  taken  before  a court  which  has  jurisdic- 
tion of  such  offence;  and  if  his  name  is  unknown  to  the  officer 
who  makes  the  arrest,  he  may  be  arrested  without  a warrant. 


Acts  of  1909,  Chapter  514,  Section  103. 

Receptacles.  — Suitable  receptacles  for  expectoration  shall  be 
provided  in  all  factories  and  workshops  by  the  proprietors 
thereof,  the  same  to  be  of  such  form  and  construction  and  of 
such  number  as  shall  be  satisfactory  to  the  board  of  health  of 
the  city  or  town  in  which  the  factory  or  workshop  is  situated. 

SUCTION  SHUTTLES. 

Acts  of  1911,  Chapter  281. 

Suction  Shuttles.  — Section  1.  It  shall  be  unlawful  for  any 
proprietor  of  a factory  or  any  officer  or  agent  or  other  person 
to  require  or  permit  the  use  of  suction  shuttles,  or  any  form  of 
shuttle  in  the  use  of  which  any  part  of  the  shuttle  or  any  thread 
is  put  in  the  mouth  or  touched  by  the  lips  of  the  operator.  It 
shall  be  the  duty  of  the  state  board  of  labor  and  industries  to 
enforce  the  provisions  of  this  act. 

Section  2.  Violations  of  this  act  shall  be  punished  by  a fine 
of  not  less  than  fifty  dollars  for  each  offence. 

DUST. 

Ventilation.  {See  Ventilation,  page  61.) 

Acts  of  1909,  Chapter  514. 

Protection  from  Dust.  — Section  86.  Any  person,  firm  or 
corporation  operating  a factory  or  workshop  in  which  emery 
wheels  or  belts  or  buffing  wheels  or  belts  injurious  to  the  health 
of  employees  are  used  shall  provide  such  wheels  and  belts  with  a 
hood  or  hopper  connected  with  suction  pipes,  and  with  fans  or 
blowers,  in  accordance  with  the  provisions  hereinafter  contained, 
Avhich  apparatus  shall  be  so  placed  and  operated  as  to  protect 
any  person  using  such  wheel  or  belt  from  the  particles  or  dust 


69 


produced  by  its  operation,  and  to  convey  the  particles  or  dust 
either  outside  of  the  building  or  to  some  receptacle  so  placed  as 
to  receive  and  confine  such  particles  or  dust. 

Section  87.  Every  such  wheel  shall  be  fitted  with  a sheet  iron 
or  cast  iron  hood  or  hopper  of  such  form  and  so  placed  that  the 
particles  or  dust  produced  by  the  operation  of  the  wheel  or  of 
any  belt  connected  therewith  shall  fall  or  will  be  thrown  into  such 
hood  or  hopper  by  centrifugal  force;  and  the  fans  or  blowers 
shall  be  of  such  size  and  shall  be  run  at  such  speed  as  will  pro- 
duce a volume  and  velocity  of  air  in  the  suction  and  discharge 
pipes  sufficient  effectually  to  convey  all  particles  or  dust  from 
the  hood  or  hopper  through  the  suction  pipes  and  so  outside  of 
the  building  or  to  a receptacle  as  aforesaid.  The  suction  pipes 
and  connections  shall  be  suitable  and  efficacious,  and  such  as  shall 
be  approved  by  ^ inspector  of  the  state  board  of  labor  and 
industries. 

Section  88.  The  two  preceding  sections  shall  not  apply  to 
grinding  machines  upon  which  water  is  used  at  the  point  of  grind- 
ing contact,  nor  to  solid  emery  wheels  used  in  saw  mills  or  in 
planing  mills  or  in  other  wood  working  establishments,  nor  to 
any  emery  wheel  six  inches  or  less  in  diameter  used  in  establish- 
ments where  the  principal  business  is  not  emery  wheel  grinding. 

Acts  of  1909,  Chapter  514,  Section  89,  amended  by  Acts  of  1915,  Chapter  116  (General). 

Penalty.  — Inspectors  of  the  state  board  of  labor  and  indus- 
tries, upon  receipt  of  notice  in  writing,  signed  by  any  person 
having  knowledge  of  the  facts,  that  any  factory  or  workshop  as 
aforesaid  is  not  provided  with  the  apparatus  prescribed  in  sec- 
tions eighty-six  and  eighty-seven  of  this  act  shall  visit  and  inspect 
such  factory  or  workshop,  and  for  that  purpose  they  are  author- 
ized to  enter  any  such  factory  or  workshop  during  working  hours ; 
and  if  they  ascertain,  in  the  foregoing  or  in  any  other  manner, 
that  the  owner,  proprietor  or  manager  thereof  has  failed  to  com- 
ply with  the  provisions  of  said  sections,  they  shall  make  complaint 
to  a court  or  judge  having  jurisdiction,  and  cause  such  owner, 
proprietor  or  manager  to  be  prosecuted. 


70 


Acts  of  1909,  Chapter  514,  Section  90,  amended  by  Acts  cf  1915,  Chapter  69  (General). 

Whoever  fails  to  comply  with  any  provision  of  sections  eighty- 
three  to  eighty-nine,  inclusive,  shall,  for  the  first  ofience  be  pun- 
ished by  a fine  of  not  less  than  twenty-five  nor  more  than  one 
hundred  dollars,  and,  for  a second  offence  he  shall  be  punished 
by  the  fine  aforesaid  or  by  imprisonment  in  jail  for  not  more  than 
sixty  days  or  by  both  such  fine  and  imprisonment. 


HUMIDITY. 

Acts  of  1908,  Chapter  325. 

Humidity  in  Factories  and  Workshops.  — Section  1.  The 
water  used  for  humidifying  purposes  by  any  person,  firm  or  cor- 
poration operating  a factory  or  workshop,  shall  be  of  such  a de- 
gTee  of  purity  as  not  to  give  rise  to  any  impure  or  foul  odors, 
and  shall  be  so  used  as  not  to  be  injurious  to  the  health  of  per- 
sons employed  in  such  factories  or  workshops. 

Section  2.  Any  person,  firm  or  corporation  violating  any  pro- 
vision of  this  act  shall,  upon  conviction  thereof,  be  punished  by 
a fine  of  not  less  than  ten  nor  more  than  one  thousand  dollars. 

Section  3.  The  inspectors  of  the  state  board  of  labor  and 
industries  shall,  under  the  direction  of  said  board,  enforce  the 
provisions  of  this  act. 

Acts  of  1919,  Chapter  543. 

Humidity  in  Textile  Factories.  — Section  1.  In  every 
weaving  and  spinning  department  in  a textile  factory  wherein 
water  is  introduced  for  humidifying  purposes  there  shall  be  pro- 
vided, maintained  and  kept  in  correct  working  order,  for  the 
purpose  of  recording  and  regulating  the  humidity  of  the  at- 
mosphere and  the  temperature,  at  least  one  set  of  standardized 
wet  and  dry.  bulb  thermometers,  and,  if  required  by  an  inspector 
of  the  state  board  of  labor  and  industries  two  sets  of  such  ther- 
mometers, and  the  following  regulations  shall  be  observed  in  the 
use  of  the  thermometers:  (a)  The  thermometers  shall  be  placed 
as  directed  or  sanctioned  by  an  inspector  of  the  state  board  of 
labor  and  industries,  and  shall  be  plainly  visible  to  the  workers, 
(b)  The  occupier  or  manager  or  person  for  the  time  being  in 


71 


charge  of  the  weaving  or  spinning  department  in  question  shall 
read  the  thermometers  thrice  in  the  day,  namely,  between  seven 
and  eight  o^clock  in  the  forenoon,  between  ten  and  eleven  o^clock 
in  the  forenoon  and  between  three  and  four  o’clock,  except  in 
rooms  which  are  lighted  by  gas,  and  then  between  four  and  five 
o’clock,  in  the  afternoon  of  every  day  on  which  any  persons  are 
employed  in  any  weaving  or  spinning  department,  and  he  shall 
record  the  readings  of  each  thermometer  in  such  department  at 
each  of  the  said  times  upon  a form  provided  for  the  purpose, 
which,  together  with  the  regulations  relating  thereto,  shall  be  fur- 
nished by  the  state  board  of  labor  and  industries.  The  records 
of  the  readings  shall  not  be  destroyed  until  they  have  first  been 
seen  by  an  inspector  of  the  state  board  of  labor  and  industries 
in  whose  district  the  factory  is  situated,  and  then  not  without 
his  knowledge  and  consent. 

Section  2.  Section  one  shall  not  apply  to  textile  factories 
already  equipped  with,  or  which  become  equipped  with,  such  a 
number  and  type  of  standardized  self-registering  hygrometers  or 
psychrometers,  or  hygrometric  system,  as  meet  the  approval  of 
the  state  board  of  labor  and  industries,  provided  that  the  man- 
ner of  using  the  same  is  approved  by  an  inspector  of  the  state 
board  of  labor  and  industries  in  whose  district  the  factory  is 
situated,  and  provided  that  the  records  of  the  readings  from  the 
said  hygrometers,  or  hygrometric  system  installed,  are  not  de- 
stroyed without  the  knowledge  and  consent  of  said  inspector. 

Section  3.  Section  one  shall  not  apply  to  textile  factories  the 
occupier  or  manager  or  person  in  charge  of  which  makes  use 
of  the  sling  hygrometer  with  the  express  purpose  of  quickly  and 
accurately  determining  the  actual  moisture  and  temperature  of 
a weaving  or  spinning  department  as  frequently  and  in  such  a 
manner  as  is  approved  by  an  inspector  of  the  state  board  of 
labor  and  industries  in  whose  district  the  factory  is  situated, 
and  provided  that  the  records  of  the  readings  from  the  use  of 
the  said  hygrometer  are  not  destroyed  without  the  knowledge 
and  permission  of  said  inspector. 

Section  4.  No  owner,  occupier  or  manager  or  person  for  the 
time  being  in  charge  of  a textile  factory  shall  permit  the  relative 


72 


humidity  in  a weaving  or  spinning  department  in  the  textile 
factory  under  his  control  to  exceed  the  following  limits : 


I. 

II. 

III. 

I. 

II. 

III. 

Dry  Bulb 
Ther- 
mometer 
Readings. 
Degrees 
Fahr. 

Wet  Bulb 
Ther- 
mometer 
Readings. 
Degrees 
Fahr. 

Percentage 

of 

Humidity. 

Dry  Bulb 
Ther- 
mometer 
Readings. 
Degrees 
Fahr. 

Wet  Bulb 
Ther- 
mometer 
Readings. 
Degrees 
Fahr. 

Percentage 

of 

Humidity. 

60 

58 

88 

78 

73.5 

77 

61 

59 

88 

79 

74.5 

77.5 

62 

60 

88 

80 

75.5 

77.5 

63 

61 

88 

81 

76 

76 

64 

62 

88 

82 

76.5 

74 

65 

63 

88 

83 

77.5 

74 

66 

64 

88 

84 

78 

72 

67 

65 

88 

85 

79 

72 

68 

66 

88 

86 

80 

72 

69 

67 

88 

87 

80.5 

71 

70 

68 

88 

88 

81.5 

71 

71 

68.5 

85.5 

89 

82.5 

71 

72 

69 

84 

90 

83 

69 

73 

70 

84 

91 

83.5 

68 

74 

70.5 

81.5 

92 

84.5 

68 

75 

71.5 

81.5 

93 

85.5 

68 

76 

72 

79 

94 

86 

66 

77 

73 

79 

95 

87 

66 

Section  5.  Water  used  for  humidifying  purposes  *in  a textile 
factory  shall  be  taken  either  from  a public  supply  of  drinking 
water,  or  from  some  other  source  of  pure  water,  or  from  a supply 
of  water  which,  although  in  the  opinion  of  the  state  board  of 
labor  and  industries  not  suitable  for  drinking  purposes  is  suffi- 
ciently free  from  impurities  as  not  to  be  dangerous  to  the  health 
of  employees  when  used  for  humidifying  purposes;  and  all  ducts 
for  the  introduction  or  distribution  of  humidified  air  shall  be 
kept  clean. 


73 


Section  6.  This  act  shall  be  enforced  by  the  inspectors  of 
the  state  board  of  labor  and  industries  under  the  supervision  of 
said  board.  Whoever  fails  to  comply  with  the  provisions  con- 
tained herein  after  being  requested  so  to  do  by  an  inspector  of 
the  state  board  of  labor  and  industries  shall  be  fined  not  more 
than  fifty  dollars  for  each  offence. 

Section  7.  To  provide  for  the  expenses  necessary  in  carrying 
out  the  provisions  of  this  act,  in  connection  with  and  in  addition 
to  the  duties  provided  for  by  chapter  five  hundred  and  thirty- 
seven  of  the  acts  of  the  year  nineteen  hundred  and  seven,  there 
may  be  expended  out  of  the  treasury  of  the  commonwealth  an- 
nually a sum  not  exceeding  one  thousand  dollars  in  addition  to 
the  five  thousand  dollars  provided  for  by  section  seven  of  said 
chapter  five  hundred  and  thirty-seven. 


74 


DANGEROUS  MACHINERY. 

GUARDING,  COMMUNICATION,  ETC. 

Acts  of  1909,  Chapter  514,  Section  94,  amended  by  Acts  of  1912,  Chapter  318,  Acts 
of  1913,  Chapter  836,  Section  13,  and  by  Acts  of  1914,  Chapter  328. 

Guarding  of  Machinery.  — Section  2.  The  belting,  shaft- 
ing, gearing,  drums  and  all  machinery  having  movable  parts  in 
all  factories,  mechanical  establishments,  workshops  and  mercantile 
establishments  if  so  placed  as,  in  the  t pinion  of  the  state  board 
of  labor  and  industries,  to  be  dangerous  to  employees  therein 
while  engaged  in  their  ordinary  duties,  shall  be,  so  far  as  is  prac- 
ticable, securely  guarded.  No  machinery  except  steam  engines  in 
a factory,  mechanical  establishment,  workshop  or  mercantile  es- 
tablishment shall  be  cleaned  while  running  if  objection  in  writing 
is  made  by  one  of  the  inspectors  of  said  board. 

Section  3.  Nothing  in  this  act  shall  be  construed  as  applying 
to  the  belting,  shafting,  gearing,  drums  or  machinery  used  in  the 
operation  of  elevators,  nor  in  any  way  as  affecting  the  powers  of 
the  board  of  elevator  regulations  given  by  chapter  eight  hundred 
and  six  of  the  acts  of  the  year  nineteen  hundred  and  thirteen. 

Acts  of  1909,  Chapter  514. 

Communication  with  Engineer’s  Room.  — Section  91.  In 
every  manufacturing  establishment  in  which  the  machinery  is  pro- 
pelled by  steam,  communication  shall  be  provided  between  each 
room  in  which  such  machinery  is  placed  and  the  room  in  which 
the  engineer  is  stationed  by  means  of  speaking  tubes,  electric  bells 
or  appliances  to  control  the  motive  power,  or  such  other  means  as 
shall  be  satisfactory  to  the  inspectors  of  the  state  board  of  labor 
and  industries,  if  in  the  opinion  of  the  inspectors  such  commu- 
nication is  necessary.  Whoever,  being  the  occupant  or  controlling 
the  use  of  any  such  manufacturing  establishment,  violates  the 
provisions  of  this  section  shall  forfeit  to  the  commonwealth  not 
less  than  twenty-five  nor  more  than  one  hundred  dollars. 

Section  92.  No  prosecution  for  a violation  of  the  provisions 
of  the  preceding  section  shall  be  commenced  until  four  weeks 
after  notice  in  writing  by  an  inspector  has  been  sent  by  mail  to 


75 


such  person,  firm  or  corporation  of  any  changes  necessary  to  be 
made  to  comply  with  the  provisions  of  said  section,  nor  if  such 
changes  shall  have  been  made  in  accordance  with  such  notice. 


Acts  of  1909,  Chapter  514,  Section  101. 

Protection  from  Flying  Shuttles.  — Any  person,  firm  or  cor- 
portion  owning,  managing  or  operating  factories  in  this  common- 
wealth in  which  looms  are  employed  shall  equip  the  looms  with 
such  guards  or  other  devices  as  will  prevent  injury  to  employees 
from  shuttles  falling  or  being  thrown  from  the  looms.  Such 
guards  or  devices  shall  be  made  of  such  material  and  placed  in 
such  manner  as  shall  be  approved  by  the  state  board  of  labor  and 
industries,  who  are  hereby  directed  to  enforce  the  provisions  of 
this  section.  Whoever  violates  any  provision  of  this  section  shall 
be  punished  by  a fine  of  not  more  than  one  hundred  dollars  for 
every  week  during  which  such  violation  continues. 


Acts  of  1909,  Chapter  514,  Section  95. 

Traversing  Machinery  in  Cotton  Factories.  — The  owner 
of  a cotton  factory  which  shall  have  been  erected  subsequently  to 
the  twenty-eighth  day  of  May  in  the  year  eighteen  hundred  and 
ninety-six,  in  which  there  is  any  traversing  carriage  of  a self- 
acting mule  installed,  or  of  any  cotton  factory  erected  previously 
to  such  date  in  which  hereafter  such  traversing  carriage  is  in- 
stalled, who  permits  such  carriage  to  travel  within  twelve  inches 
of  any  pillar,  column,  pier  or  fixed  structure,  shall  be  punished  by 
a fine  of  not  less  than  twenty  nor  more  than  fifty  dollars  for  each 
offence. 

Acts  of  1909,  Chapter  514,  Section  96,  amended^by  Acts  of  1913,  Chapter  806,  Section  13. 

Hatchways  and  Other  Openings  to  be  protected.  — The 

openings  of  hoistways,  hatchways  and  well  holes  upon  every  floor 
of  a factory  or  mercantile  or  public  building  shall  be  protected  by 
sufficient  trap  doors  or  self-closing  hatches  and  safety  catches,  or 
such  other  safeguards  as  the  inspectors  of  the  state  board  of 
labor  and  industries  direct;  and  due  diligence  shall  be  used  to 
keep  such  trap  doors  closed  at  all  times,  except  when  in  actual 


76 


use  by  the  occupant  of  the  building  who  has  the  use  and  control 
of  the  same. 

Acts  of  1909,  Chapter  514,  Section  100. 

Explosives  and  Inflammables. — Explosive  or  inflammable 
compounds  shall  not  be  used  in  any  factory  in  such  place  or 
manner  as  to  obstruct  or  render  hazardous  the  egTess  of  operatives 
in  case  of  Are. 

Children  forbidden  to  clean  Machinery  in  Motion.  {See 
Minors,  Miscellaneous,  page  41.) 


77 


HOME  WORK. 

Acts  of  1909,  Chapter  514. 

Tenement  House  Clothing.  — Section  106.  A room  or 
apartment  in  a tenement  or  dwelling  house  shall  not  be  used  for 
the  purpose  of  making,  altering,  repairing  or  finishing  therein 
coats,  vests,  trousers  or  wearing  apparel  of  any  description,  ex- 
cept by  the  members  of  the  family  dwelling  therein ; and  a family 
which  desires  to  make,  alter,  repair  or  finish  coats,  vests,  trousers 
or  wearing  apparel  of  any  description  in  a room  or  apartment 
in  a tenement  or  dwelling  house  shall  first  procure  a license  there- 
for from  the  state  board  of  labor  and  industries.  A license 
may  be  applied  for  by,  and  issued  to,  any  member  of  a family 
which  desires  to  do  such  work.  No  person,  partnership  or  cor- 
poration shall  hire,  employ  or  contract  with  a member  of  a 
family  which  does  not  hold  a license  therefor  to  make,  alter,  re- 
pair or  finish  garments  or  articles  of  wearing  apparel  as  afore- 
said, in  any  room  or  apartment  in  a tenement  or  dwelling  house 
as  aforesaid.  Every  room  or  apartment  in  which  garments  or 
articles  of  wearing  apparel  are  made,  altered,  repaired  or  finished 
shall  be  kept  in  a cleanly  condition  and  shall  be  subject  to  the 
inspection  and  examination  of  the  inspectors  of  the  state  board 
of  labor  and  industries  for  the  purpose  of  ascertaining  whether 
said  room  or  apartment  or  said  garments  or  articles  of  wearing 
apparel  or  any  parts  thereof  are  clean  and  free  from  vermin  and 
from  infectious  or  contagious  matter.  A room  or  apartment  in 
a tenement  or  dwelling  house  which  is  not  used  for  living  or 
sleeping  purposes,  and  which  is  not  connected  with  a room  or 
apartment  used  for  living  or  sleeping  purposes  and  which  has  a 
separate  and  distinct  entrance  from  the  outside  shall  not  be  sub- 
ject to  the  provisions  of  this  section,  nor  shall  the  provisions  of 
this  section  prevent  the  employment  of  a tailor  or  'seamstress  by 
any  person  or  family  for  the  making  of  wearing  apparel  for 
the  use  of  such  person  or  family.  Every  person,  firm  or  corpo- 
ration hiring,  employing  or  contracting  with  a member  of  a 
family  holding  a license  under  this  section  for  the  making,  alter- 
ing, repairing  or  finishing  of  garments  or  wearing  apparel  to  be 


78 


done  outside  the  premises  of  such  person,  firm  or  corporation, 
shall  keep  a register  of  the  names  and  addresses  plainly  written 
in  English  of  the  persons  so  hired,  employed  or  contracted  with, 
and  shall  forward  a copy  of  such  register  once  a month  to  the 
state  board  of  labor  and  industries. 

Section  107.  If  an  inspector  finds  evidence  of  infectious  or 
contagious  disease  or  of  vermin  present  in  a workshop  or  in  a 
room  or  apartment  in  a tenement  or  dwelling  house  in  which  gar- 
ments or  articles  of  wearing  apparel  are  made,  altered  or  re- 
paired, or  in  goods  manufactured  or  in  process  of  manufacture 
therein,  he  shall  report  the  same  to  the  state  board  of  labor  and 
industries,  who  shall  then  notify  the  local  board  of  health  to 
examine  said  workshop,  room  or  apartment  and  the  materials 
used  therein;  and  if  the  board  of  health  finds  that  said  workshop 
or  tenement  or  dwelling  house  is  in  an  unhealthy  condition,  and 
that  the  clothing  and  materials  used  therein  are  unfit  for  use,  it 
shall  issue  such  orders  as  the  public  safety  may  require. 

Section  108.  Whoever  sells  or  exposes  for  sale  coats,  vests, 
trousers  or  wearing  apparel  of  any  description  which  have  been 
made  in  a tenement  or  dwelling  house  in  which  the  family  dwell- 
ing therein  has  not  procured  a license,  as  required  by  section 
one  hundred  and  six,  shall  have  affixed  to  each  of  said  garments 
a tag  or  label  not  less  than  two  inches  in  length  and  one  inch 
in  width,  upon  which  shall  be  legibly  printed  or  written  the  words 
tenement-made  and  the  name  of  the  state  and  the  city  or 
town  in  which  the  garment  was  made. 

Section  109.  No  person  shall  sell  or  expose  for  sale  any  of 
said  garments  without  a tag  or  label  as  aforesaid  affixed  thereto, 
nor  wilfully  remove,  alter  or  destroy  such  tag  or  label  upon  any 
of  said  garments  when  exposed  for  sale,  nor  sell  or  expose  for 
sale  any  of  said  garments  with  a false  or  fradulent  label  affixed 
thereto. 

Section  110.  If  it  is  reported  to  said  inspector  or  to  the 
state  board  of  labor  and  industries  that  ready-made  coats,  vests, 
trousers,  overcoats  or  other  garments  are  being  shipped  to  this 
commonwealth,  having  been  manufactured  under  unhealthy  con- 
ditions, said  inspector  shall  examine  said  goods  and  the  condition 
of  their  manufacture,  and  if  they  are  found  to  contain  vermin 


79 


or  to  have  been  made  in  improper  places  or  under  unhealthy 
conditions,  he  shall  so  report  to  the  state  board  of  labor  and 
industries,  which  shall  thereupon  make  such  orders  as  the  public 
safety  may  require. 

Section  111.  Whoever  violates  any  of  the  provisions  of  the 
five  preceding  sections  shall  be  punished  by  a fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars. 


80 


GENERAL. 

WAGES,  FINES,  ETC. 

Acts  of  1909,  Chapter  514,  Section  21,  amended  by  Acts  of  1914,  Chapter  474. 

Prevailing  Rate  of  Wages.  — Section  1.  In  the  employ- 
ment of  mechanics  and  laborers  in  the  construction  of  public 
works  by  the  commonwealth,  or  by  a county,  city  or  town,  or  by 
persons  contracting  therewith,  preference  shall  be  given  to  citi- 
zens of  the  commonwealth,  and,  if  they  cannot  be  obtained  in 
sufficient  numbers,  then  to  citizens  of  the  United  States;  and 
every  contract  for  such  works  shall  contain  a provision  to  this 
effect.  The  wages  for  a day^s  work  paid  to  mechanics  employed 
in  such  construction  of  public  works  shall  be  not  less  than  the 
• customary  and  prevailing  rate  of  wages  for  a day’s  work  in  the 
same  trade  or  occupation  in  the  locality,  city  or  town  where  such 
public  works  are  constructed.  Any  contractor  who  knowingly 
and  wilfully  violates  the  provisions  of  this  section  shall  be  pun- 
ished by  a fine  of  not  more  than  one  hundred  dollars  for  each 
offence. 

Section  2.  The  board  of  labor  and  industries  shall  enforce  the 
provisions  of  this  act,  and  in  case  of  any  dispute  that  may  arise 
upon  public  works  as  to  the  customary  and  prevailing  rate  of 
wages  the  board  of  labor  and  industries  shall  investigate  the 
wages  paid  in  the  trade  or  occupation  in  the  locality,  city  or 
town  where  such  public  works  are  under  construction  and  decide 
what  rate  of  wages  shall  be  paid  upon  such  works. 

Preference  of  Citizens.  {See  page  92.) 

Acts  of  1909,  Chapter  514,  Section  112,  amended  by  Acts  of  1910,  Chapter  350;  Acts  of 

1911,  Chapter  208;  Acts  of  1914,  Chapter  247;  and  by  Acts  of  1915,  Chapter  75 

(General). 

Weekly  Payment  of  Wages.  — Every  person,  firm  or  cor- 
poration engaged  in  carrying  on  a factoiy,  workshop,  manufac- 
turing, mechanical  or  mercantile  establishment,  mine,  quarry, 
railroad  or  street  railway,  or  a telephone,  telegraph,  express  or 
water  company,  or  in  the  erection,  alteration,  repair  or  removal 
of  any  building  or  structure,  or  the  construction  or  repair  of  any 
railroad,  street  railway,  road,  bridge,  sewer,  gas,  water  or  electric 


81 


light  works,  pipes  or  lines,  shall  pay  weekly  each  employee  en- 
gaged in  his  or  its  business  the  wages  earned  by  him  to  within 
six  days  of  the  date  of  said  payment,  but  any  employee  leaving 
his  or  her  employment,  shall  be  paid  in  full  on  the  following 
regular  pay  day ; and  any  employee  discharged  from  such  employ- 
ment shall  be  paid  in  full  on  the  day  of  his  discharge,  or  in  the 
city  of  Boston  as  soon  as  the  provisions  of  law  requiring  pay 
rolls,  bills  and  accounts  to  be  certified  shall  have  been  complied 
with;  and  the  commonwealth,  its  officers,  boards  and  commissions 
shall  so  pay  every  mechanic,  workman  and  laborer  who  is  em- 
ployed by  it  or  them,  and  every  person  employed  by  it  or  them 
in  any  penal  or  charitable  institution,  and  every  county  and  city 
shall  so  pay  every  employee  who  is  engaged  in  its  business  the 
wages  or  salary  earned  by  him,  unless  such  mechanic,  workman, 
laborer  or  employee  requests  in  writing  to  be  paid  in  a different 
manner;  and  every  town  shall  so  pay  each  employee  in  its  busi- 
ness if  so  required  by  him;  but  an  employee  who  is  absent  from 
his  regular  place  of  labor  at  a time  fixed  for  payment  shall  be 
paid  thereafter  on  demand.  The  provisions  of  this  section  shall 
not  apply  to  an  employee  of  a co-operative  corporation  or  asso- 
ciation if  he  is  a stockholder  therein  unless  he  requests  such 
corporation  to  pay  him  weekly.  The  public  ser\dce  commission, 
after  a hearing,  may  exempt  an3^  railroad  corporation  from  pay- 
ing weekly  any  of  its  employees  if  it  appears  to  the  board  that 
such  employees  prefer  less  frequent  payments,  and  that  their 
interests  and  the  interests  of  the  public  will  not  suffer  thereby. 
No  corporation,  contractor,  person  or  partnership  shall  by  a 
special  contract  with  an  employee  or  by  any  other  means  exempt 
himself  or  itself  from  the  provisions  of  this  and  the  following 
section.  Whoever  violates  the  provisions  of  this  section  shall  be 
punished  by  a fine  of  not  less  than  ten  nor  more  than  fifty  dollars. 

Acts  of  1909,  Chapter  514,  Section  113. 

The  state  board  of  labor  and  industries  may  make  a com- 
plaint against  any  person  for  a violation  of  the  provisions  of  the 
preceding  section.  Complaints  for  such  violation  shall  be  made 
within  thirty  days  after  the  date  thereof,  and,  on  the  trial,  no 
defence  for  failure  to  pay  as  required,  other  than  the  attachment 


82 


of  such  wages  by  the  trustee  process  or  a valid  assignment  thereof 
or  a valid  set-oft  against  the  same,  or  the  absence  of  the  employee 
from  his  regular  place  of  labor  at  the  time  of  payment,  or  an 
actual  tender  to  such  employee  at  the  time  of  payment  of  the 
wages  so  earned  by  him,  shall  be  valid.  The  defendant  shall  not 
set  up  as  a defence  a payment  of  wages  after  the  bringing  of  the 
complaint.  An  assignment  of  future  wages  which  are  payable 
weekly  under  the  provisions  of  this  act  shall  not  be  valid  if  made 
to  the  person  from  whom  such  wages  are  to  become  due  or  to  any 
person  on  his  behalf  or  if  made  or  procured  to  be  made  to  another 
person  for  the  purpose  of  relieving  the  employer  from  the  obliga- 
tion to  pay  weekly.  The  word  person  in  this  section  shall 
include  the  corporations,  contractors,  persons  and  partnerships 
described  in  the  preceding  section. 

Acts  of  1911,  Chapter  249,  Section  1. 

Pay  Day.  — Manufacturing  corporations  and  contractors, 
persons  or  partnerships  engaged  in  any  manufacturing  business 
wherein  one  hundred  employees  or  more  are  employed  shall,  on 
the  day  chosen  as  pay  day,  pay  such  of  their  employees  as  are 
on  that  day  working  in  the  manufacturing  establishment,  before 
the  close  of  the  regular  working  hours. 

Acts  of  1911,  Chapter  249,  Section  2. 

Whoever  violates  the  provisions  of  this  act  shall  be  punished 
by  a fine  of  not  more  than  fifty  dollars. 

Acts  of  1915,  Chapter  214  (General). 

A justice  or  clerk  of  a police,  municipal  or  district  court,  or  a 
trial  justice  may,  upon  the  application  of  any  employee  issue  a 
summons  to  an  employer  to  appear  and  show  cause  why  a war- 
rant should  not  issue  against  him  for  a violation  of  section  one 
hundred  and  twelve  of  chapter  five  hundred  and  fourteen  of  the 
acts  of  the  year  nineteen  hundred  and  nine.  Upon  the  return  of 
such  summons  and  after  a hearing  the  justice  may  issue  a war- 
rant upon  the  complaint  of  any  such  employee. 


83 


Acts  of  1909,  Chapter  514,  Section  119. 

Deductions  for  Stopping  of  Machinery.  — Deductions  shall 
not  be  made  from  the  wages  of  women  and  minors  who  are  paid 
by  the  day  or  hour,  and  are  employed  in  manufacturing  or  me- 
chanical establishments,  for  time  during  which  the  machinery  is 
stopped,  if  said  women  and  minors  are  refused  the  privilege  of 
leaving  the  mill  while  the  damage  to  said  machinery  is  being  re- 
paired; and  if  such  employees  are  detained  in  their  work  rooms 
during  the  time  of  the  breaking  down  of  machinery,  they  shall 
not  be  compelled  to  make  up  time  lost  by  such  break-down  unless 
they  are  compensated  therefor  at  their  regular  rates  of  wages. 
Whoever  violates  the  provisions  of  this  section  shall  be  punished 
by  a fine  of  not  more  than  twenty  dollars  for  each  offence. 

Acts  of  1909,  Chapter  514,  Section  120. 

Discharge  without  Notice.  — A person  who  being  engaged  in 
manufacturing  requires  from  his  employees,  under  penalty  of  for- 
feiture of  a part  of  the  wages  earned  by  them,  a notice  of  inten- 
tion to  leave  such  employ  shall  be  liable  to  a like  forfeiture,  if, 
without  similar  notice,  he  discharges  an  employee. 

Acts  of  1909,  Chapter  514,  Section  114. 

Specifications  for  Weavers.  — The  system  used  by  manufac- 
turers of  grading  the  work  of  a weaver  shall  not  affect  or  lessen 
the  wages  of  the  weaver,  except  for  imperfections  in  his  own 
work;  and  in  no  case  shall  the  wages  of  those  engaged  in  weaving 
be  affected  by  fines  or  otherwise  unless  the  imperfections  com- 
plained of  are  first  exhibited  and  pointed  out  to  the  person  whose 
wages  are  to  be  affected;  and  a fine  shall  not  be  imposed  upon  any 
person  for  imperfect  weaving  unless  the  provisions  of  this  section 
are  first  complied  with  and  the  amount  of  the  fines  are  agreed 
upon  by  both  parties.  Whoever  violates  the  provisions  of  this 
section  shall  be  punished  by  a fine  of  not  more  than  one  hundred 
dollars  for  the  first  offence,  and  by  a fine  of  not  more  than  three 
hundred  dollars  for  each  subsequent  offence. 


84 


Acts  of  1909,  Chapter  514,  Section  115. 

The  occupier  or  manager  of  every  cotton  factory  shall  supply 
to  each  person  who  is  engaged  as  a weaver  in  said  factory  and 
is  paid  by  the  piece,  cut  or  yard,  a printed  or  written  ticket 
with  each  warp  which  shall  contain  the  following  specifications 
as  to  the  work  to  be  done  and  wages  paid : — the  number  of  cuts, 
the  number  of  yards  per  cut  or  piece,  the  price  per  yard,  cut 
or  piece,  the  number  of  picks  per  inch  and  the  number  of  reeds 
to  the  inch.  Said  occupier  or  manager  shall  also  supply  to  each 
person  who  is  engaged  as  a frame  tender  a specification  of  the 
number  of  roving  and  price  per  hank  or  hanks;  and  to  each 
person  engaged  as  a warper  or  web  drawer  a specification  of 
the  number  of  threads  in  the  warp  and  the  rate  of  compensa- 
tion; and  to  each  operative  who  is  paid  by  the  pound  a specifi- 
cation of  the  price  to  be  paid  per  pound  or  pounds;  said 
specification  to  be  furnished  in  each  case  on  a printed  or  written 
ticket  within  three  days  after  the  time  when  said  operative  begins 
work. 

Acts  of  1909,  Chapter  514,  Section  116,  amended  by  Acts  of  1911,  Chapter  263. 

The  occupier  or  manager  of  every  textile  factory  shall  post 
in  every  room  where  any  employees  work  by  the  job,  in  legible 
writing  or  printing,  and  in  sufficient  numbers  to  be  easily  access- 
ible to  such  employees,  specifications  of  the  character  of  each 
kind  of  work  to  be  done  by  them,  and  the  rate  of  compensation. 
Such  specifications  in  the  case  of  weaving  rooms  shall  state  the 
intended  and  maximum  length  of  a cut  or  piece,  the  count  per 
inch  of  reed,  and  the  number  of  picks  per  inch,  width  of  loom, 
width  of  cloth  woven  in  the  loom,  and  the  price  per  cut  or  piece, 
or  per  pound;  or,  if  payment  is  made  per  pick  or  per  yard,  the 
price  per  pick  or  per  yard;  and  each  warp  shall  bear  a desig- 
nating ticket  .or  mark  of  identification.  In  roving  or  spinning 
rooms,  the  number  of  roving  or  yarn  and  the  price  per  hank 
for  each  size  of  machine  shall  be  stated;  and  each  machine  shall 
bear  a ticket  stating  the  number  of  the  roving  or  yarn  made 
upon  it.  The  maximum  length  of  a cut  or  piece  shall  not  exceed 
three  per  cent  of  its  intended  length;  but  if  it  appears  that  a 


85 


variation  in  excess  of  the  amount  hereinbefore  set  forth  has  been 
caused  in  whole  or  in  part  by  any  weaver  in  the  employ  of  any 
person  charged  with  the  violation  of  this  act,  this  shall  be  deemed 
a sufficient  defence  to  a prosecution. 

Acts  of  1909,  Chapter  514,  Section  117. 

The  members  of  the  inspection  department  of  the  state  board 
of  labor  and  industries  shall  enforce  the  provisions  of  the  two 
preceding  sections.  They  may  go  into  any  room,  mill  or  factory 
to  ascertain  the  facts  relative  to  any  work  done  therein  or  coming 
from  any  other  room,  mill  or  factory,  and  to  take  the  measure- 
ments of  such  work. 

Acts  of  1909,  Chapter  514,  Section  118. 

Penalty.  — The  occupier  or  manager  of  a cotton  factory  who 
fails  to  comply  with  the  provisions  of  section  one  hundred  and 
fifteen  or  the  occupier  or  manager  of  a textile  factory  who  fails 
to  comply  with  the  provisions  of  section  one  hundred  and  sixteen 
or  any  person  who  interferes  with  the  inspectors  of  the  state 
board  of  labor  and  industries  in  the  performance  of  their  duties 
under  the  provisions  of  the  preceding  section  shall  be  punished 
by  a fine  of  not  less  than  twenty-five  nor  more  than  fifty  dollars 
for  the  first  offence,  and  by  a fine  of  not  less  than  fifty  nor  more 
than  one  hundred  dollars  for  each  subsequent  offence. 


Acts  of  1911,  Chapter  584. 

Fines  for  Imperfect  Weaving.  — No  employer  shall  impose 
a fine  upon  an  employee  engaged  at  weaving  for  imperfections 
that  may  arise  during  the  process  of  weaving. 

Any  employer  who  violates  the  provisions  of  this  act  shall  be 
punished  by  a fine  not  exceeding  one  hundred  dollars  for  the  first 
offence,  and  not  exceeding  three  hundred  dollars  for  any  subse- 
quent offence. 

Acts  of  1909,  Chapter  514,  Section  24. 

Employer  may  not  impose  Bond  in  Certain  Cases.  — A 

corporation  which  is  engaged  in  carrying  passengers  or  in  trans- 
porting freight  for  hire  shall  not  require  or  receive  from  a person 


86 


who  is  employed  or  about  to  be  employed  by  it  a bond  or  other 
security,  either  with  or  without  surety,  to  indemnify  such  corpo- 
ration against  loss  or  damage  to  other  persons  or  to  property 
resulting  from  the  act  or  neglect  of  such  person,  except  a bond 
to  account  for  money  or  other  property  of  such  corporation.  A 
corporation  or  a person  in  its  behalf  who  violates  the  provisions 
of  this  section  shall  be  punished  by  a fine  of  not  more  than  fifty 
dollars  for  the  first  ofi'ence  and  of  not  more  than  one  hundred 
dollars  for  each  subsequent  offence. 

TRADE  UNIONS. 

Acts  of  1909,  Chapter  514,  Section  31. 

Registration  of  Union  Insignia.  — The  insignia,  ribbons, 
badges,  rosettes,  buttons  and  emblems  of  any  society,  association 
or  labor  union  may  be  registered  in  the  office  of  the  secretary  of 
the  commonwealth  in  the  manner  and  subject  to  the  provisions,  so 
far  as  they  are  applicable,  set  forth  in  section  seven  of  chapter 
‘seventy-two  of  the  Revised  Laws  in  regard  to  labels;  and  the 
secretary  is  hereby  authorized  to  make  regulations  and  prescribe 
forms  for  such  registration. 

Acts  of  1909,  Chapter  514,  Section  30. 

Exempt  from  Insurance  Laws.  — Trade  unions  and  other 
associations  of  wage  workers  whose  principal  objects  are  to  deal 
with  the  relation  between  employers  and  employees  relative  to 
wages,  hours  of  labor  and  other  conditions  of  employment  shall 
not  be  subject  to  the  provisions  of  chapters  one  hundred  and  nine- 
teen and  one  hundred  and  twenty  of  the  Revised  Laws  and  chapter 
five  hundred  and  seventy-six  of  the  acts  of  the  year  nineteen  hun- 
dred and  seven  or  of  such  other  provisions  of  law  as  relate  to 
insurance  companies  or  associations. 

Acts  of  1909,  Chapter  514,  Section  19. 

Coercion  as  to  joining  Union.  — No  person  shall,  himself  or 
by  his  agent,  coerce  or  compel  a person  into  a written  or  oral 
agreement  not  to  join  or  become  a member  of  a labor  organiza- 
tion as  a condition  of  his  securing  employment  or  continuing  in 
the  employment  of  such  person. 


87 


INFLUENCING,  PROCURING  AND  ADVERTISING  FOR 
EMPLOYEES. 

Acts  of  1909,  Chapter  514,  Section  28,  amended  by  Acts  of  1912,  Chapter  495. 

Corrupt  Influencing  of  Employees.  — Whoever  corruptly 
gives,  offers  or  promises  to  an  agent,  employee  or  servant,  any 
gift  or  gratuity  whatever,  with  intent  to  influence  his  action  in 
relation  to  the  business  of  his  principal,  employer  or  master;  or 
an  agent,  employee  or  servant  who  corruptly  requests  or  accepts 
a gift  or  gratuity  or  a promise  to  make  a gift  or  to  do  an  act 
beneficial  to  himself,  under  an  agTeement  or  with  an  understand- 
ing that  he  shall  act  in  any  particular  manner  in  relation  to  the 
business  of  his  principal,  employer  or  master;  or  an  agent,  em- 
ployee or  servant,  who,  being  authorized  to  procure  materials,  sup- 
plies or  other  articles  either  by  purchase  or  contract  for  his 
principal,  employer  or  master,  or  to  employ  service  or  labor  for 
his  principal,  employer,  or  master,  receives  directly  or  indirectly, 
for  himself  or  for  another,  a commission,  discount  or  bonus  from 
the  person  who  makes  such  sale  or  contract,  or  furnishes  such 
materials,  supplies  or  other  articles,  or  from  a person  who  renders 
such  service  or  labor;  and  any  person  who  gives  or  offers  such  an 
agent,  employee  or  servant  such  commission,  discount  or  bonus, 
shall  be  punished  by  a fine  of  not  less  than  ten  dollars  nor  more 
than  five  hundred  dollars,  or  by  such  fine  and  by  imprisonment 
for  not  more  than  one  year;  except  that  if  the  person  who  com- 
mits the  said  offence  acts  as  agent  or  officer  of  any  person,  part- 
nership or  corporation  to  employ  persons  as  clerks,  laborers  or 
otherwise,  the  offence  shall  be  felony  punishable  by  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  in  the  state  prison  for  not  more  than  three 
years.  The  district  attorneys  in  their  respective  districts  shall 
prosecute  all  violations  of  this  section. 


Acts  of  1909,  Chapter  514,  Section  29. 

No  person  shall  be  excused  from  attending,  testifying  or  pro- 
ducing books,  papers,  contracts,  agreements  and  documents  before 
any  court  or  in  obedience  to  the  subpoena  of  any  court  having 
jurisdiction  of  the  offence  described  in  the  preceding  section  on 


88 


the  ground  or  for  the  reason  that  the  testimony  or  evidence,  docu- 
mentary or  otherwise  required  of  him  may  tend  to  criminate  him 
or  subject  him  to  a penalty  or  forfeiture.  But  no  person  shall 
be  liable  to  any  suit  or  prosecution,  civil  or  criminal,  for  or  on 
account  of  any  transaction,  matter  or  thing  concerning  which  he 
may  testify  or  produce  evidence,  documentary  or  otherwise,  before 
said  court  or  in  obedience  to  its  subpoena  or  in  any  such  case  or 
proceeding. 

Acts  of  1910,  Chapter  445,  amended  by  Acts  of  1914,  Chapter  347. 

Procuring  Employees  during  Strike.  — Section  1.  If  an 
employer,  during  the  continuance  of  a strike  among  his  employees, 
or  during  the  continuance  of  a lockout  or  other  labor  trouble 
among  his  employees,  publicly  advertises  in  newspapers,  or  by 
posters  or  otherwise,  for  employees,  or  by  himself  or  his  agents 
solicits  persons  to  work  for  him  to  fill  the  places  of  strikers,  he 
shall  plainly  and  explicitly  mention  in  such  advertisements  or  oral 
or  written  solicitations  that  a strike,  lockout  or  other  labor  dis- 
turbance exists  among  his  employees. 

Section  2.  No  employer,  during  the  continuance  of  a strike, 
lockout  or  other  labor  trouble  among  his  employees,  shall  directly 
or  indirectly  procure  or  attempt  to  procure  persons  to  fill  the 
places  of  employees  involved  in  such  strike,  lockout  or  other  labor 
trouble,  if  such  persons  are  or  have  been  solicited  by  means  of  ad- 
vertisements or  oral  or  written  statements  in  which  it  has  not  been 
plainly  and  explicitly  mentioned  that  a strike,  lockout  or  other 
labor  trouble  exists  in  the  establishment  where  such  persons  are 
to  be  employed.  This  provision  shall  apply  whether  such  adver- 
tisements or  oral  or  written  solicitations  were  made  within  or 
without  the  commonwealth. 

Section  3.  No  person,  firm,  association  or  corporation,  during 
the  continuance  of  a strike,  lockout  or  other  labor  trouble  among 
the  employees  of  another  person,  firm,  association  or  corporation, 
shall  procure,  or  attempt  to  procure,  or  assist  in  any  way  in  pro- 
curing, or  attempting  to  procure  persons  to  work  for  such  other 
person,  firm,  association,  or  corporation,  to  fill  the  places  of  em- 
ployees involved  in  such  strike,  lockout  or  other  labor  trouble,  if 
such  persons  are  or  have  been  solicited  by  advertisements  or  oral 


89 


or  written  statements,  whether  made  within  or  without  the  com- 
monwealth, in  which  it  has  not  been  plainly  and  explicitly  men- 
tioned that  a strike,  lockout  or  other  labor  trouble  exists  in  the 
establishment  where  such  persons  are  to  be  employed. 

Acts  of  1910,  Chapter  445,  amended  by  Acts  of  1914,  Chapter  347,  and  by  Acts  of  1915, 
Chapter  108  (General). 

Section  4.  Any  person,  firm,  association  or  corporation  vio- 
lating any  provision  of  this  act  shall,  upon  complaint  of  and  after 
investigation  by  the  state  board  of  conciliation  and  arbitration,  be 
punished  by  a fine  not  exceeding  one  hundred  dollars  for  each 
offence. 

Acts  of  1910,  Chapter  445,  amended  by  Acts  of  1912,  Chapter  545,  and  by  Acts  of  1914, 

Chapter  347. 

Section  5.  The  provisions  of  this  act  shall  cease  to  be  op- 
erative when  the  state  board  of  conciliation  and  arbitration  shall 
determine  that  the  business  of  the  employer,  in  respect  to  which 
the  strike  or  other  labor  trouble  occurred,  is  being  carried  on  in 
the  normal  and  usual  manner  and  to  the  normal  and  usual  ex- 
tent. Said  board  shall  determine  this  question  as  soon  as  may 
be,  upon  the  application  of  the  employer. 

Section  6.  Chapter  four  hundred  and  forty-five  of  the  acts 
of  the  year  nineteen  hundred  and  ten  and  chapter  five  hundred 
and  forty-five  of  the  acts  of  the  year  nineteen  hundred  and 
twelve  are  hereby  repealed  as  to  all  offences  committed  after  this 
act  takes  effect. 

Acts  of  1909,  Chapter  514,  Section  27. 

Fraudulent  Advertising  for  Help.  — Whoever  knowingly 
causes  to  be  printed  or  published  a false  or  fraudulent  notice 
or  advertisement  for  help  or  for  obtaining  work  or  employment 
shall  be  punished  by  a fine  of  not  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  three  months  or  by  both 
such  fine  and  imprisonment. 


Acts  of  1909,  Chapter  514,  Section  25. 

Solicitation  by  Public  Officials.  — No  railroad,  street  rail- 
way, electric  light,  gas,  telegraph,  telephone,  water  or  steamboat 
company  shall  appoint,  promote,  reinstate,  suspend  or  discharge 


90 


any  person  employed  or  seeking  employment  by  any  such  com- 
pany at  the  request  of  the  governor,  lieutenant-governor,  or  any 
member  or  member  elect  of  the  council  or  of  the  general  court, 
or  candidate  therefor,  justice  of  the  supreme  judicial  court, 
justice  of  the  superior  court,  judge  of  probate,  justice  of  a 
police,  district  or  municipal  court,  district  attorney,  member  or 
member  elect  of  a board  of  county  commissioners,  or  candidate 
for  county  commissioner,  member  or  member  elect  of  a board  of 
aldermen,  or  selectmen,  or  city  council,  or  any  executive,  adminis- 
trative or  judicial  officer,  clerk  or  employee  of  any  branch  of 
the  government  of  the  commonwealth  or  of  any  county,  city  or 
town;  nor  shall  any  such  public  officer  or  body,  or  any  member 
or  member  elect  thereof  or  candidate  therefor,  directly  or  in- 
directly advocate,  oppose,  or  otherwise  interfere  in,  or  make  any 
request,  recommendation,  endorsement,  requirement  or  certificate 
relative  to,  and  the  same,  if  made,  shall  not  be  required  as  a 
condition  precedent  to,  or  be  in  any  way  regarded  or  permitted 
to  infiuence  or  control,  the  appointment,  promotion,  reinstate- 
ment or  retention  of  any  person  employed  or  seeking  employ- 
ment by  any  such  corporation,  and  no  such  person  shall  solicit, 
obtain,  exhibit,  or  otherwise  make  use  of  any  such  official  re- 
quest, recommendation,  certificate  or  endorsement  in  connection 
with  any  existing  or  desired  employment  by  a public  service 
corporation.  Any  person  or  corporation  violating  the  provisions 
of  this  section  shall  be  punished  by  a fine  of  not  less  than  fifty 
dollars  nor  more  than  one  hundred  dollars  for  each  offience. 

Acts  of  1909,  Chapter  514,  Section  26. 

The  offices  of  probation  officer,  notary  public  and  justice  of 
the  peace,  prison  officer,  agent  of  the  prison  commissioners  and 
agent  of  the  state  board  of  charity  shall  not  be  considered  public 
offices  within  the  meaning  of  the  preceding  section. 

Acts  of  1909,  Chapter  514,  Section  18. 

Intimidation  of  Employees.  — No  person  shall,  by  intimida- 
tion or  force,  prevent  or  seek  to  prevent  a person  from  entering 
into  or  continuing  in  the  employment  of  any  person  or  corpora- 
tion. 


91 


Acts  of  1912,  Chapter  358. 

Interference  with  Employment  because  of  Service  in 
Militia.  — Any  person  who  wilfully  either  deprives  a member 
of  the  militia  or  naval  reserve  of  his  employment,  or  denies  him 
employment,  or  prevents  his  being  employed  by  another,  or  ob- 
structs or  annoys  him  or  his  employer  in  respect  of  his  trade, 
business,  or  employment,  because  of  such  member’s  connection 
with  the  militia  or  naval  reserve  or  because  of  his  necessary  ab- 
sence from  business  in  performance  of  his  duty  as  such  member, 
and  whoever  dissuades  any  person  from  enlisting  in  the  militia 
or  naval  reserve  by  threat  of  injury  to  him  in  respect  of  his  em- 
ployment, trade  or  business  or  of  other  injury,  in  case  he  shall 
so  enlist,  shall  be  deemed  guilty  of  a misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by  a fine  not  exceeding  five 
hundred  dollars,  or  by  imprisonment  for  a term  not  exceeding  six 
months,  or  by  both  such  fine  and  imprisonment. 

GENERAL  DUTIES  OP  INSPECTORS. 

Revised  Laws,  Chapter  108,  Section  8,  amended  by  Acts  of  1907,  Chapter  413. 

Powers  and  Duties.  — The  inspectors  of  the  state  board  of 
labor  and  industries  shall,  except  as  otherwise  provided  in  chap- 
ters one  hundred  and  four  [and]  one  hundred  and  five  . . . en- 
force the  provisions  thereof  and  all  other  provisions  of  law 
relative  to  the  employment  of  women  and  minors  in  manufac- 
turing, mechanical  and  mercantile  establishments,  the  employment 
of  children,  young  persons  or  women  in  factories  or  workshops, 
the  lighting  and  ventilation  of  factories  or  workshops,  the  keep- 
ing of  them  clean,  and  the  securing  of  proper  sanitary  provisions 
therein,  and  the  making  of  clothing  in  unsanitary  conditions. 
For  such  purposes,  said  inspectors  may  enter  all  buildings  and 
parts  thereof  which  are  subject  to  the  provisions  of  said  chap- 
ters and  examine  the  methods  of  protection  from  accident,  the 
means  of  escape  from  fire,  the  sanitary  provisions,  the  lighting 
and  the  means  of  ventilation,  and  may  make  investigations  as 
to  the  employment  of  children,  young  persons  and  women. 


92 


PREFERENCE  OF  CITIZENS. 

Acts  of  1914,  Chapter  600. 

SECTioisr  1.  In  all  work  of  any  branch  of  the  service  of  the 
commonwealth,  or  of  any  city  or  town  therein,  citizens  of  the 
commonwealth  shall  be  given  preference. 

Section*  2.  The  civil  service  commission  shall  not  place  upon 
its  lists  any  person  not  a citizen  of  the  United  States. 

Section  3.  If  an  appointing  officer,  because  of  the  non-exist- 
ence of  a list  of  eligible  appointees,  appoints  under  provisional 
authority  from  the  civil  service  commission  a person  not  a citizen 
of  the  United  States,  he  shall  discharge  the  person  so  appointed 
and  appoint  from  the  eligible  list  whenever  the  civil  service  com- 
mission establishes  a list  of  the  proper  class. 

Section  4.  Whenever  the  attention  of  the  civil  service  commis- 
sion shall  be  called  by  complaint  on  the  part  of  any  citizen  of  the 
commonwealth  to  the  employment  of  a non-citizen  when  there  is 
a list  of  eligibles  existing,  the  commission  shall  take  steps  to 
enforce  the  dismissal  of  such  non-citizen  and  the  appointment  in 
his  place  from  the  suitable  eligible  list. 

Section  5.  Whenever  it  shall  appear  that  any  appointing  of- 
ficer has  had  due  notice  of  unlawful  employment  of  a non-citizen 
and  that  the  said  appointing  officer  has  continued  such  employ- 
ment for  ten  days  after  such  notice,  he  shall  be  subject  to  a fine 
of  not  less  than  ten  nor  more  than  one  hundred  dollars  for  each 
offence. 

MISCELLANEOUS. 

Acts  of  1909,  Chapter  514,  Section  45. 

Time  allowed  for  Voting.  — No  person  entitled  to  vote  at  an 
election  shall,  upon  the  day  of  any  such  election,  be  employed  in 
any  manufacturing,  mechanical  or  mercantile  establishment,  ex- 
cept such  as  may  lawfully  conduct  its  business  on  Sunday,  during 
the  period  of  two  hom’S  after  the  opening  of  the  polls  in  the  vot- 
ing precinct  or  town  in  which  he  is  entitled  to  vote,  if  he  shall 
make  application  for  leave  of  absence  during  such  period.  An 
owner,  superintendent  or  overseer  in  any  manufacturing,  me- 
chanical or  mercantile  establishment,  except  such  as  may  lawfully 
conduct  its  business  on  Sunday,  who  employs  or  permits  to  be 


93 


employed  therein  any  person  entitled  to  vote  at  a state  election, 
during  the  period  of  two  hours  after  the  opening  of  the  polls  in 
the  voting  precinct  or  town  in  which  such  person  is  entitled  to 
vote,  if  he  shall  make  application  for  leave  of  absence  during 
such  period,  shall  be  punished  by  a fine  of  not  more  than  one 
hundred  dollars. 

Acts  of  1909,  Chapter  514,  Section  33. 

Use  of  Bells  and  Whistles  by  Manufacturers.  — Manufac- 
turers and  others  who  employ  workmen  may,  for  the  purpose  of 
giving  notice  to  them,  ring  bells  and  use  whistles  and  gongs  of 
such  size  and  weight  and  in  such  manner  and  at  such  hours  as  the 
board  of  aldermen  of  cities  and  the  selectmen  of  towns  may  des- 
ignate in  writing. 

Acts  of  1909,  Chapter  514,  Section  20. 

Lodgings  of  Public  Employees.  — Every  employee  in  public 
work  shall  lodge,  board  and  trade  where  and  with  whom  he  elects, 
and  no  person  or  his  agents  or  employees  under  contract  with  the 
commonwealth,  a municipal  corporation  or  a county,  or  with  a 
board,  commission  or  officer  acting  therefor,  for  the  doing  of 
public  work  shall,  directly  or  indirectly,  require,  as  a condition  of 
employment  therein,  that  the  employee  shall  lodge,  board  or  trade 
at  a particular  place  or  with  a particular  person.  The  provisions 
of  this  section  shall  be  made  a part  of  the  contract  for  such  em- 
ployment, and  whoever  violates  the  provisions  thereof  shall  be 
punished  by  a fine  of  not  more  than  one  hundred  dollars  for  each 
olfence. 

Acts  of  1909,  Chapter  514,  Section  93,  amended  by  Acts  of  1914,  Chapter  566. 

Locked  Doors  prohibited.  — No  outside  or  inside  doors  of 
any  building  in  which  operatives  are  employed  shall  be  so  locked, 
bolted  or  otherwise  fastened  during  the  hours  of  labor  as  to  pre- 
vent free  egress.  Any  person  having  charge  of  any  such  building 
or  of  any  room  thereof,  any  exit  door  of  which  shall  be  found  to 
be  so  locked,  bolted  or  otherwise  fastened  during  the  hours  of 
labor  as  to  prevent  free  egress,  shall  be  punished  by  a fine  of  not 
less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment. 


94 


Acts  of  1913,  Chapter  655,  Section  20. 

Case  of  Only  One  Egress.  — . . . Women  or  children  shall 
not  be  employed,  in  a factory,  workshop,  mercantile  or  other 
establishment,  in  a room  above  the  second  story  from  which  there 
is  only  one  egress.  . . . 

Acts  of  1914,  Chapter  263. 

Posting  Information  in  Industrial  Establishments.  — The 

state  board  of  labor  and  industries  may  require  employers  to  post 
in  conspicuous  positions  in  any  place  of  employment  such  placards, 
posters  or  signs  as  the  said  board  may  issue  for  the  information 
of  employees. 

Acts  of  1914,  Chapter  778. 

Limiting  the  Issue  of  Injunctions.  — Section  1.  It  shall 
not  be  unlawful  for  persons  employed  or  seeking  employment  to 
enter  into  any  arrangements,  agreements  or  combinations  with 
the  view  of  lessening  the  hours  of  labor  or  of  increasing  their 
wages  or  bettering  their  condition;  and  no  restraining  order  or 
injunction  shall  be  granted  by  any  court  of  the  commonwealth 
or  by  any  judge  thereof  in  any  case  between  an  employer  and 
employees,  or  between  employers  and  employees,  or  between  per- 
sons employed  and  persons  seeking  employment,  or  involving  or 
growing  out  of  a dispute  concerning  terms  or  conditions  of  em- 
ployment, or  any  act  or  acts  done  in  pursuance  thereof,  unless 
such  order  or  injunction  be  necessary  to  prevent  irreparable  in- 
jury to  property  or  to  a property  right  of  the  party  making  the 
application,  for  which  there  is  no  adequate  remedy  at  law;  and 
such  property  or  property  right  shall  be  particularly  described 
in  the  application,  which  shall  be  sworn  to  by  the  applicant  or 
by  his  agent  or  attorney. 

Section  2.  In  construing  this  act,  the  right  to  enter  into  the 
relation  of  employer  and  employee,  to  change  that  relation,  and 
to  assume  and  create  a new  relation  for  employer  and  employee, 
and  to  perform  and  carry  on  business  in  such  relation  with  any 
person  in  any  place,  or  to  do  work  and  labor  as  an  employee, 
shall  be  held  and  construed  to  be  a personal  and  not  a property 
right.  In  all  cases  involving  the  violation  of  the  contract  of  em- 


95 


ployment  either  by  the  employee  or  employer  where  no  irrepara- 
ble damage  is  about  to  be  committed  upon  the  property  or 
property  right  of  either,  no  injunction  shall  be  granted  but  the 
parties  shall  be  left  to  their  remedy  at  law. 

Section  3.  No  persons  who  are  employed  or  seeking  employ- 
ment or  other  labor  shall  be  indicted,  prosecuted  or  tried  in  any 
court  of  the  commonwealth  for  entering  into  any  arrangement, 
agreement,  or  combination  between  themselves  as  such  employees 
or  laborers,  made  with  a view  of  lessening  the  number  of  hours 
of  labor  or  increasing  their  wages  or  bettering  their  condition,  or 
for  any  act  done  in  pursuance  thereof,  unless  such  act  is  in  itself 
unlawful. 

Acts  of  1909,  Chapter  514,  Section  36. 

General  Penalty.  — Whoever  violates  a provision  of  [chapter 
514  of  the  acts  of  1909]  for  which  no  specific  penalty  is  provided 
shall  be  punished  by  a fine  of  not  more  than  one  hundred  dollars. 


96 


DEFINITIONS. 

Acts  of  1909,  Chapter  514,  Section  17,  amended  by  Acts  of  1911,  Chapter  241,  and 
by  Acts  of  1912,  Chapter  191. 

The  following  words  and  phrases  as  used  in  all  laws  relative 
to  the  employment  of  labor  shall,  unless  a different  meaning  is 
plainly  required  by  the  context,  have  the  following  meanings : — 

Bleaching . works  ’’  shall  mean  any  premises  in  which  the 
process  of  bleaching  yarn  or  cloth  of  any  material  is  carried  on. 

Child  ” or  Minor  ” shall  mean  a person  under  eighteen 
3^ears  of  age,  except  that  in  regard  to  the  compulsory  attendance 
of  illiterate  minors  at  day  or  evening  schools,  the  word  minor  ” 
shall  mean  a person  under  the  age  of  twenty-one  years. 

Dyeing  works  ” shall  mean  any  premises  in  which  the  process 
of  dyeing  yarn  or  cloth  of  any  material  is  carried  on. 

Factory  ” shall  mean  any  premises  where  steam,  water  or 
other  mechanical  power  is  used  in  aid  of  any  manufacturing 
process  there  carried  on. 

Glass  works  ’’  shall  mean  any  premises  in  which  the  manu- 
facture of  glass  is  carried  on. 

Iron  works  ” shall  mean  a mill,  forge  or  other  premises  in 
or  upon  which  any  process  is  carried  on  for  converting  iron  into 
malleable  iron,  steel  or  tin  plate,  or  for  otherwise  making  or  con- 
verting steel. 

Letter  press  establishments  shall  mean  any  premises  -in 
which  the  process  of  letter  press  lorinting  is  carried  on. 

Manufacturing  establishments  ” shall  mean  any  premises, 
room  or  place  used  for  the  purpose  of  making,  altering,  repair- 
ing, ornamenting,  finishing  or  adapting  for  sale  any  article  or 
part  of  an  article. 

Mechanical  establishments  shall  mean  any  premises,  other 
than  a factory  as  above  defined,  in  which  machinery  is  employed 
in  connection  with  any  work  or  process  carried  on  therein. 

Mercantile  establishments  shall  mean  any  premises  used  for 
the  purposes  of  trade  in  the  purchase  or  sale  of  any  goods  or 
merchandise,  and  any  premises  used  for  the  purposes  of  a res- 
taurant or  for  publicly  providing  and  serving  meals. 


97 


Paper  mills  shall  mean  any  premises  in  which  the  manu- 
facture of  paper  is  carried  on. 

Person  shall  mean  an  individual,  corporation,  ]3artnership, 
company  or  association. 

Print  works  shall  mean  any  premises  in  which  is  carried 
on  the  process  of  printing  figures,  patterns  or  designs  upon  cot- 
ton, linen,  woolen,  worsted  or  silken  yarn  or  cloth,  or  upon  any 
woven  or  felted  fabric  which  is  not  paper. 

Woman  shall  mean  a woman  eighteen  years  of  age  or  over. 

Workshop  shall  mean  any  premises,  room  or  place,  which 
is  not  a factory  as  above  defined,  wherein  manual  labor  is  exer- 
cised by  way  of  trade  or  for  purposes  of  gain  in  or  incidental 
to  a process  of  making,  altering,  repairing,  ornamenting,  finishing 
or  adapting  for  sale  any  article  or  part  of  an  article,  and  to 
which  or  over  which  premises,  room  or  place  the  employer  of 
the  persons  working  therein  has  the  right  of  access  or  control; 
but  the  exercise  of  such  manual  labor  in  a private  house  or 
private  room  by  the  family  dwelling  therein  or  by  any  of  them 
or  if  a majority  of  the  persons  therein  employed  are  members 
of  such  family,  shall  not  of  itself  constitute  such  house  or  room 
a workshop  within  this  definition. 

Young  person  ” shall  mean  a person  of  the  age  of  fourteen 
years  and  under  the  age  of  eighteen  years. 

(See  also  Joint  Board,  page  16.) 


/ 


. 

'■*  ii 


APPENDIX. 


AN  ACT  RELATIVE  TO  SCHOOL  ATTENDANCE  AND 
TO  THE  EMPLOYMENT  OF  MINORS. 

Acts  of  1913,  Chapter  779,  Section  1,  amended  by  Acts  of  1915,  Chapter  81  (General). 

School  Attendance.  — Section  1.  Every  child  between  seven 
and  fourteen  years  of  age,  every  child  under  sixteen  years  of  age 
who  does  not  possess  such  ability  to  read,  write  and  spell  in  the 
English  language  as  is  required  for  the  completion  of  the  fourth 
grade  of  the  public  schools  of  the  city  or  town  in  which  he  re- 
sides, and  every  child  under  sixteen  years  of  age  who  has  not 
received  an  employment  certificate  as  provided  in  this  act  and 
is  not  engaged  in  some  regular  employment  or  business  for  at 
least  six  hours  per  day  or  has  not  the  written  permission  of  the 
superintendent  of  schools  of  the  city  or  town  in  which  he  resides 
to  engage  in  profitable  employment  at  home,  shall  attend  a public 
day  school  in  said  city  or  town  or  some  other  day  school  approved 
by  the  school  committee,  during  the  entire  time  the  public  schools 
are  in  session,  subject  to  such  exceptions  as  are  provided  for  in 
sections  four,  five  and  six  of  this  chapter  and  in  section  three  of 
chapter  forty-two  of  the  Revised  Laws,  as  amended  by  chapter 
four  hundred  and  thirty-three  of  the  acts  of  the  year  nineteen 
hundred  and  two,  and  by  chapter  five  hundred  and  thirty-seven 
of  the  acts  of  the  year  nineteen  hundred  and  eleven;  but  such 
attendance  shall  not  be  required  of  a child  Avhose  physical  or 
mental  condition  is  such  as  to  render  attendance  inexpedient  or 
impracticable,  or  who  is  being  otherwise  instructed  in  a manner 
approved  in  advance  by  the  superintendent  of  schools  or  the 
school  committee.  The  superintendent  of  schools,  or  teachers  in 
so  far  as  authorized  by  said  superintendent  or  by  the  school  com- 
mittee, may  excuse  cases  of  necessary  absence  for  other  causes 
not  exceeding  seven  day  sessions  or  fourteen  half-day  sessions  in 
any  period  of  six  months.  For  the  purposes  of  this  section, 
school  committees  shall  approve  a private  school  only  when  the 
instruction  in  all  the  studies  required  by  law  is  in  the  English 


102 


language,  and  when  they  are  satisfied  that  such  instruction  equals 
in  thoroughness  and  efficiency,  and  in  the  progress  made  therein, 
the  instruction  in  the  public  schools  in  the  same  city  or  town; 
but  they  shall  not  refuse  to  approve  a private  school  on  account 
of  the  religious  teaching  therein. 

Acts  of  1913,  Chapter  779,  Section  2,  amended  by  Acts  of  1915,  Chapter  81  (General). 

Obligations  of  Parents  and  Guardians.  — Section  2. 
Every  person  having  under  his  control  a child  as  described  in 
section  one  shall  cause  him  to  attend  school  as  therein  required, 
and,  if  he  fails  for  seven  day  sessions  or  fourteen  half-day  ses- 
sions within  any  period  of  six  months  while  such  control  obtains, 
to  cause  such  child  so  to  attend  school,  he  shall,  upon  complaint 
by  an  attendance  officer  and  conviction  thereof,  be  punished  by 
a fine  of  not  more  than  tw^enty  dollars,  and  no  physical  or  mental 
condition  which  is  capable  of  correction,  or  which  renders  the 
child  a fit  subject  for  special  instruction  at  public  charge  in  in- 
stitutions other  than  public  day  schools,  shall  avail  as  defence 
under  the  provisions  of  this  or  the  preceding  section,  unless  it 
shall  be  made  to  appear  that  the  defendant  has'  employed  all 
reasonable  measures  for  the  correction  of  the  condition  and  the 
suitable  instruction  of  the  child. 

Whoever  induces  or  attempts  to  induce  a child  to  absent  him- 
self unlawfully  from  school,  or  employs  or  harbors  a child  while 
school  is  in  session,  shall  be  punished  by  a fine  of  not  less  than 
ten  nor  more  than  fifty  dollars. 


Acts  of  1913,  Chapter  779. 

Right  of  Child  to  Education.  — Section  3.  Every  child  shall 
have  a right  to  attend  the  public  schools  of  the  city  or  town 
where  he  actually  resides,  subject  to  the  provisions  of  section  four 
of  this  chapter,  and  to  such  reasonable  regulations  as  to  numbers 
and  qualifications  of  pupils  to  be  admitted  to  the  respective 
schools  and  as  to  other  school  matters  as  the  school  committee 
shall  from  time  to  time  prescribe.  No  child  shall  be  excluded 
from  a public  school  of  any  city  or  town  on  account  of  race, 
color  or  religion. 


103 


Acts  of  1913,  Chapter  779,  Section  4,  amended  by  Acts  of  1915,  Chapter  78  (General). 

Duty  of  School  Committee  — Tuition.  — It  shall  be  the 
duty  of  the  school  committee  of  each  city  or  town  to  provide 
for  the  attendance  of  all  children  of  school  age  resident  therein 
and  to  enforce  the  same  under  the  provisions  of  section  one  of 
this  chapter.  But  if  a child  who  is  required  by  the  provisions 
of  said  section  one  to  attend  school  resides  temporarily  in  a city 
or  town  other  than  that  of  the  legal  residence  of  his  parent  or 
guardian  for  the  especial  purpose  of  attending  school  there  in 
preference  to  the  place  of  such  legal  residence,  the  said  city  or 
town  may,  for  the  tuition  of  such  child  during  the  period  of 
such  attendance,  recover  from  the  parent  or  guardian,  whether 
he  resides  within  or  without  the  commonwealth,  a sum  equal  to 
the  average  expense  per  pupil  of  such  school  for  that  period, 
unless  under  the  provisions  of  section  three  of  chapter  forty-two 
of  the  Ke vised  Laws,  as  amended  by  chapter  four  hundred  and 
thirty-three  of  the  acts  of  the  year  nineteen  hundred  and  two, 
and  by  chapter  five  hundred  and  thirty-seven  of  the  acts  of  the 
year  nineteen  hundred  and  eleven,  or  of  section  five  of  chapter 
forty-four  of  the  Re^used  Laws,  such  tuition  is  recoverable  from 
the  citj^  or  town  in  which  the  parent  or  guardian  resides. 

A child  who  is  not  required  by  the  provisions  of  section  one 
of  this  chapter  to  attend  school  may,  in  the  discretion  of, the 
school  committee,  be  required  as  a condition  of  admission  to  a 
school  in  a city  or  town  other  than  that  in  which  his  parent  or 
guardian  has  a legal  residence,  to  pay  as  tuition  a sum  equal  to 
the  average  expense  per  pupil  in  the  school  wdiich  such  child 
seeks  to  enter,  the  same  to  be  paid  annually,  semi-annually  or  at 
other  periods  in  advance  as  the  school  committee  may  determine. 

For  the  tuition  in  the  public  schools  in  any  city  or  town  of 
any  child  between  the  ages  of  five  and  fifteen  years  who  shall 
be  placed  elsewhere  than  in  his  own  home  by  the  state  board  of 
charity,  or  by  the  trustees  of  the  Massachusetts  training  schools, 
or  kept  under  the  control  of  either  of  said  boards  in  such  city 
or  town,  the  commonwealth  shall  pay  to  said  city  or  town,  and 
for  such  tuition  of  any  such  child  so  placed  by  the  trustees  for 
children  of  the  city  of  Boston,  or  so  kept  under  the  control  of 


104 


said  trustees,  the  city  of  Boston  from  its  appropriation  for  school 
purposes,  shall  pay  to  said  city  or  town  seventy-five  cents  for  each 
week  of  five  days,  or  major  part  thereof,  of  attendance  of  every 
such  child  in  the  public  schools. 

For  the  transportation  to  and  from  a public  school  of  any  child 
whose  tuition  is  payable  by  the  commonwealth  or  by  the  city  of 
Boston  under  the  provisions  of  this  section,  the  commonwealth 
or  the  city  of  Boston,  as  the  case  may  be,  shall  pay  to  the  city 
or  town  furnishing  such  transportation,  for  each  week  of  five 
days  or  major  part  thereof,  an  amount  equal  to  the  average 
amount  for  each  child  paid  by  said  city  or  town  per  week  for  the 
transportation  of  children  to  and  from  school  over  the  route  by 
which  such  child  is  conveyed.  Settlements  of  the  accounts  of 
the  several  cities  and  towns  with  the  commonwealth  and  with 
the  city  of  Boston  shall  be  made  annually  on  the  first  day  of 
April,  and  the  amounts  found  due  shall  be  paid  within  three 
months  thereafter.  The  money  received  by  said  cities  and  towns 
under  the  provisions  of  this  section  shall  be  applied  to  the  sup- 
port of  schools.  For  the  tuition  in  the  public  schools  in  any 
town  of  less  than  ten  thousand  inhabitants  of  any  child  between 
the  ages  of  five  and  fifteen  years  not  theretofore  resident  in  such 
town,  who  is  an  inmate  of  an  institution  containing  more  than 
six  inmates,  such  town  may  recover  from  said  institution  the 
additional  school  expense  incurred,  as  may  be  determined  jointly 
by  the  school  committee  of  said  town  and  the  trustees  or  managers 
of  said  institution,  or,  in  case  of  disagreement  between  said  school 
committee  and  said  trustees  or  managers,  as  may  be  decreed  by 
the  probate  court;  but  no  demand  shall  be  made  upon  said  trus- 
tees or  managers  without  a vote  of  the  town  instructing  the  school 
committee  to  that  effect. 

County  Training  Schools.  — Section  5.  The  county  com- 
missioners of  each  county,  except  the  counties  of  Barnstable, 
Berkshire,  Franklin,  Hampshire,  Dukes  County  and  Nantucket, 
shall  maintain  either  separately  or  jointly  with  the  commissioners 
of  other  counties  as  hereinafter  provided,  in  a suitable  place,  not 
at  or  near  a penal  institution,  a school  for  the  instruction  and 
training  of  children  committed  thereto  as  habitual  truants,  ab- 
sentees or  school  offenders.  The  county  commissioners  of  two  or 


105 


more  counties  may,  at  the  expense  of  said  counties,  establish  and 
maintain  a union  school  which  shall  be  organized  and  controlled 
by  the  chairmen  of  the  county  commissioners  of  said  counties. 
The  chairmen  of  the  respective  boards  of  county  commissioners 
of  the  counties  of  Norfolk,  Bristol  and  Plymouth,  having  the 
management  of  the  Norfolk,  Bristol  and  Plymouth  union  training 
school,  shall  each  be  paid  the  sum  of  one  hundred  dollars  annually 
by  said  counties,  respectively.  The  county  commissioners  of  the 
counties  of  Barnstable,  Berkshire,  Franklin,  Hampshire,  Dukes 
County  and  Nantucket  shall  assign  a training  school  established 
by  law  as  the  place  for  the  instruction  and  training  of  children 
committed  within  their  respective  counties  as  habitual  truants, 
absentees  or  school  offenders,  and  shall  pay  for  their  support  in 
said  school  such  reasonable  sum  as  the  county  commissioners 
having  control  of  said  school  may  determine.  For  the  purposes 
of  this  chapter  the  parental  school  of  the  city  of  Boston  shall  be 
deemed  the  county  training  school  of  the  county  of  Suffolk,  and 
commitments  from  the  towns  of  Revere  and  Winthrop  and  the 
city  of  Chelsea  shall  be  to  the  training  school  for  the  county  of 
Middlesex. 

The  city  or  town  from  which  an  habitual  truant,  absentee  or 
school  offender  is  committed  to  a county  training  school  shall  pay 
to  the  county  within  which  it  is  situated  one  dollar  a week  toward 
his  support,  and  reports  of  the  condition  and  progress  of  its 
pupils  in  said  school  shall  be  sent  each  month  to  the  superintend- 
ent of  schools  of  such  city  or  town;  but  the  towns  of  Revere  and 
Winthrop  and  the  city  of  Chelsea  shall  pay  to  the  county  of 
Middlesex,  for  the  support  of  each  child  committed  to  the  training 
school  of  said  county,  two  dollars  and  fifty  cents  a week,  and  such 
additional  sums  for  each  child  as  will  cover  the  actual  cost  of 
maintenance. 

Habitual  Truants.  — Section  6.  A child  between  seven  and 
sixteen  years  of  age  who  wilfully  and  habitually  absents  himself 
from  school  contrary  to  the  provisions  of  section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended,  shall  be  deemed  to 
be  an  habitual  truant,  and,  unless  placed  on  probation  as  provided 
in  section  seven  of  this  chapter,  may,  upon  complaint  by  an  at- 


106 


tendance  officer  and  conviction  thereof,  be  committed  to  a county 
training  school. 

Habitual  Absentees.  — Section  7.  A child  between  seven 
and  sixteen  years  of  age  who  may  be  found  wandering  about  in 
the  streets'  or  public  places  of  any  city  or  town,  having  no  lawful 
occupation,  habitually  not  attending  school  and  growing  up  in 
idleness  and  ignorance,  shall  be  deemed  to  be  an  habitual  absentee, 
and,  unless  placed  on  probation  as  provided  in  section  seven  of 
said  chapter  forty-six  may,  upon  complaint  by  an  attendance 
officer  or  any  other  person,  and  conviction  thereof,  be  committed 
to  a county  training  school. 

Habitual  School  Offenders.  — Section  8.  A child  under  six- 
teen years  of  age  who  persistently  violates  the  reasonable  regula- 
tions of  the  school  which  he  attends,  or  otherwise  persistently 
misbehaves  therein,  so  as  to  render  himself  a fit  subject  for  ex- 
clusion therefrom,  shall  be  deemed  to  be  an  habitual  school  of- 
fender, and,  unless  placed  on  probation  as  provided  in  section 
seven  of  said  chapter  forty-six  may,  upon  complaint  by  an  at- 
tendance officer  and  conviction  thereof,  be  committed  to  a county 
training  school. 

Cost  of  Commitment.  — Section  9.  The  court  or  magistrate 
by  whom  a child  has  been  committed  to  a county  training  school 
may  make  an  order  relative  to  the  payment  by  his  parents  to  the 
county  of  the  cost  of  his  support  while  in  said  school,  and  may 
from  time  to  time  revise  and  alter  such  order  or  make  a new  order 
as  the  circumstances  of  the  parents  may  justify. 

Parole  from  Training  Schools.  — Section  10.  County  com- 
missioners, if  they  think  it  will  be  for  the  best  interest  of  any  child 
who  has  been  committed  to  a county  training  school  under  their 
control,  after  notice  and  an  opportunity  to  be  heard  has  been  given 
to  the  superintendent  of  schools,  or,  if  there  is  no  superintendent, 
to  the  school  committee  of  the  city  or  toAvn  from  Avhich  such  child 
was  committed  to  said  school,  may  permit  him  to  be  at  liberty 
upon  such  conditions  as  said  commissioners  may  deem  best;  or, 
with  the  approval  of  the  court  which  imposed  the  sentence,  they 
may  discharge  him  from  said  school;  and  upon  such  parole  or 
discharge  they  shall  make  an  entry  upon  their  records  of  the  name 
of  such  child,  the  date  of  parole  or  discharge  and  the  reason  there- 


107 


for;  and  a copy  of  such  record  shall  be  transmitted  to  the  court 
or  magistrate  by  whom  such  child  was  committed  and  to  the  school 
committee  of  the  city  or  town  from  which  he  was  committed. 

If  such  child,  in  the  opinion  of  said  commissioners,  violates  the 
conditions  of  his  parole  at  any  time  previous  to  the  expiration  of 
the  term  for  which  he  w'as  committed  to  said  school,  such  parole 
may  be  revoked.  If  a superintendent  of  schools  or  a school  com- 
mittee furnishes  evidence  satisfactory  to  said  commissioners  of  the 
violation  by  a child  of  the  conditions  of  his  parole,  said  commis- 
sioners shall  revoke  such  parole,  and  may  thereupon  issue  an 
order  directed  to  the  attendance  or  police  officers  of  any  city  or 
town  to  arrest  such  child  wherever  found  and  return  him  to  said 
school.  Such  officer  shall  arrest  such  child  and  return  him  to  said 
school,  where  he  shall  be  held,  subject  to  the  provisions  of  this 
chapter,  for  the  residue  of  the  term  of  the  original  sentence. 

The  expense  of  such  arrest  and  return,  so  far  as  approved  by 
the  commissioners,  shall  be  paid  by  the  county  or  counties  main- 
taining' said  school.  A child  who  has  been  committed  to  a county 
training*  school,  whether  he  be  confined  at  the  county  training 
school  or  be  on  parole  as  provided  in  this  section,  shall  be  dis- 
charged from  the  custody  and  care  of  such  school  upon  his  be- 
coming sixteen  years  of  age.  Releases  from  the  parental  school 
of  the  city  of  Boston  shall  be  governed  by  the  provisions  of  chap- 
ter five  hundred  and  fourteen  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-six,  and  shall  be  made  by  the  trustees  for  children 
who  shall  have  and  exercise  the  powers  given  by  said  chapter  to 
the  institutions  commissioner  of  said  city. 

Commitment  of  Gross  Offenders.  — Section  11.  An  inmate 
of  a county  training  school  or  of  the  parental  school  of  the  city 
of  Boston  who  persistently  violates  the  reasonable  regnlations 
thereof,  or  is  guilty  of  indecent  or  immoral  conduct,  or  otherwise 
grossly  misbehaves,  so  as  to  render  himself  an  unfit  subject  for 
retention  therein,  may,  upon  complaint  by  the  officer  in  control 
of  said  school  and  conviction  thereof,  if  under  fifteen  years  of 
age,  be  committed  to  the  Lyman  school  for  boys;  if  over  fifteen 
years  of  age,  to  the  industrial  school  at  Shirley.  If  a girl  who  is 
committed  to  the  custody  of  the  state  board  of  charity  under 
sections  three,  four  or  five  of  this  chapter,  proves  unmanageable 


108 


in  a private  family,  she  may  be  committed,  by  the  state  board  of 
charity,  to  the  state  industrial  school  for  girls. 

Powers  and  Duties  of  Attendance  Officers.  — Section  12. 
Attendance  officers  shall  inquire  into  all  cases  arising  under  the 
provisions  of  sections  one,  two,  three,  four  and  six  of  chapter 
forty-four  and  sections  three,  four,  five  and  eight  of  this  chapter, 
or  of  sections  sixty-one,  sixty-two,  sixty-three  or  sixty-six  of 
chapter  five  hundred  and  fourteen  of  the  acts  of  the  year  nineteen 
hundred  and  nine,  and  may  make  complaints  and  serve  legal 
processes  issued  under  the  provisions  of  this  chapter.  They  shall 
have  oversight  of  children  placed  on  probation  under  the  provi- 
sions of  section  seven;  of  children  suffering  want  to  whom  the 
provisions  of  chapter  three  hundred  and  fifty-six  of  the  acts  of 
the  year  nineteen  hundred  and  four  apply;  of  minors  licensed  by 
the  school  committee  under  the  provisions  of  chapter  four  hun- 
dred and  nineteen  of  the  acts  of  the  year  nineteen  hundred  and 
ten,  and  subsequent  amendments  thereof;  and  of  children  admitted 
to  or  attending  shows  or  entertainments  contrary  to  the  provisions 
of  chapter  five  hundred  and  thirty-two  of  the  acts  of  the  year 
nineteen  hundred  and  ten.  An  attendance  officer  may  apprehend 
and  take  to  school  without  a warrant  any  truant  or  absentee  found 
wandering  about  in  the  streets  or  public  places. 

Section  13.  The  officers  hitherto  known  as  truant  officers  shall 
hereafter  be  known  as  attendance  officers,  and  all  laws  now  or 
hereafter  in  force  relative  to  truant  officers  shall  apply  to  attend- 
ance officers. 


Acts  of  1913,  Chapter  779,  Section  14,  amended  by  Acts  of  1913,  Chapter  831,  Section  1, 

Employment  of  Minors  under  Fourteen.  — No  minor  under 
fourteen  years  of  age  shall  be  employed  or  permitted  to  work 
in  or  about  or  in  connection  with  any  factory,  workshop,  manu- 
facturing, mechanical  or  mercantile  establishment,  barber  shop, 
bootblack  stand  or  establishment,  public  stable,  garage,  brick  or 
lumber  yard,  telephone  exchange,  telegraph  or  messenger  office 
or  in  the  construction  or  repair  of  buildings,  or  in  any  contract 
or  wage-earning  industry  carried  on  in  tenement  or  other  houses. 
No  minor  under  fourteen  years  of  age  shall  be  employed  at  work 
performed  for  wage  or  other  compensation,  to  whomsoever  pay- 


109 


able,  during  the  hours  when  the  public  schools  are  in  session  or 
shall  be  employed  at  work  before  half-past  six  o^clock  in  the 
morning  or  after  six  o’clock  in  the  evening. 


Acts  of  1913,  Chapter  779,  Section  14,  amended  by  Acts  of  1913,  Chapter  831,  Section  2 

Employment  of  Minors  under  Sixteen.  — No  minor  under 
sixteen  years  of  age  shall  be  employed  or  permitted  to  work  in 
operating  or  assisting  in  operating  any  of  the  following  machines : 
(1)  circular  or  band  saws,  (2)  wood  shapers,  (3)  wood  jointers, 
(4)  planers,  (5)  picker  machines  or  machines  used  in  picking 
wool,  cotton,  hair  or  any  other  material,  (6)  paperlace  machines, 
(7)  leather  burnishing  machines,  (8)  job  or  cylinder  printing 
presses  operated  by  power  other  than  foot  power,  (9)  stamping 
machines  used  in  sheet  metal  and  tinware  or  in  paper  or  leather 
manufacturing  or  in  washer  and  nut  factories,  (10)  metal  or 
paper  cutting  machines,  (11)  corner  staying  machines  in  paper 
box  factories,  (12)  corrugating  rolls  such  as  are  used  In  corru- 
gated paper  or  in  roofing,  or  washboard  factories,  (13)  steam 
boilers,  (14)  dough  brakes  or  cracker  machinery  of  any  descrip- 
tion, (15)  wire  or  iron  straightening  or  drawing  machinery,  (16) 
rolling  mill  machinery,  (17)  power  punches  or  shears,  (18)  wash- 
ing or  grinding  or  mixing  machinery,  (19)  calendar  rolls  in  paper 
and  rubber  manufacturing  or  other  heavy  rolls  driven  by  power, 
(20)  laundering  machinery,  (21)  upon  or  in  connection  with  any 
dangerous  electrical  machinery  or  appliances. 

Acts  of  1913,  Chapter  779,  Section  14,  amended  by  Acts  of  1913,  Chapter  831,  Section  3. 

No  minor  under  sixteen  years  of  age  shall  be  employed  or  per- 
mitted to  work  in  any  capacity  in  adjusting,  or  assisting  in  ad- 
justing any  hazardous  belt  to  any  machinery,  or  in  oiling  or 
cleaning  hazardous  machinery,  or  in  proximity  to  any  hazardous 
or  unguarded  belts,  machinery  or  gearing  while  such  machinery 
or  gearing  is  in  motion;  nor  on  scaffolding:  nor  in  heavy  work 
in  the  building  trades;  nor  in  stripping,  assorting,  manufactur- 
ing or  packing  tobacco;  nor  in  any  tunnel;  nor  in  a public  bowl- 
ing alley;  nor  in  a pool  or  billiard  room. 


110 


Acts  of  1913,  Chapter  779,  Section  14,  amended  by  Acts  of  1913,  Chapter  831,  Section  4. 

The  state  board  of  labor  and  industries  may  from  time  to  time, 
after  a hearing  or  hearings  duly  held,  determine  whether  or  not 
any  particular  trade,  process  of  manufacture  or  occupation  in 
Avhich  the  employment  of  minors  under  the  age  of  sixteen  years 
is  not  already  forbidden  by  law,  or  any  particular  method  of 
carrying  on  such  trade,  process  of  manufacture  or  occupation, 
is  sufficiently  dangerous  or  is  sufficiently  injurious  to  the  health 
or  morals  of  minors  under  sixteen  years  of  age  to  justify  their 
exclusion  therefrom.  No  minor  under  sixteen  years  of  age  shall 
be  employed  or  permitted  to  work  in  any  trade,  process  or  occu- 
pation thus  determined  to  be  dangerous  or  injurious  to  such 
minors. 

Acts  of  1913,  Chapter  779. 

Employment  Certificates.  — Section  15.  No  child  between 
fourteen  and  sixteen  years  of  age  shall  be  employed  or  be  per- 
mitted to  work  in,  about  or  in  connection  with  any  factory,  work- 
shop, manufacturing,  mechanical  or  mercantile  establishment 
unless  the  person,  firm  or  corporation  employing  such  child  pro- 
cures and  keeps  on  file  accessible  to  the  attendance  officers  of  the 
city  or  town,  to  agents  of  the  board  of  education,  and  to  the  state 
board  of  labor  and  industries  or  its  authorized  agents  or  in- 
spectors, the  employm.ent  certificate  as  hereinafter  provided  issued 
to  such  child,  and  keeps  a complete  list  of  the  names  and  ages  of 
all  such  children  employed  therein  conspicuously  posted  near  the 
principal  entrance  of  the  building  in  which  such  children  are 
employed:  provided^  however ^ that  children  who  are  over  four- 
teen but  under  sixteen  years  of  age  shall  be  permitted  to  work  in 
mercantile  establishments  on  Saturdays  between  the  hours  of 
seven  in  the  morning  and  six  in  the  evening,  without  such  cer- 
tificate. On  termination  of  the  employment  of  a child  whose  em- 
ployment certificate  is  on  file,  said  certificate  shall  be  returned  by 
the  employer  within  two  days  after  said  termination  to  the  office 
of  the  superintendent  of  schools  from  which  it  was  issued. 

Issuance  of  Employment  Certificates.  — Section  16.  An 
employment  certificate  shall  be  issued  only  by  the  superintendent 
of  schools  or  by  a person  authorized  by  him  in  writing,  or,  wffiere 


Ill 


there  is  no  superintendent  of  schools,  by  a person  authorized  in 
writing  by  the  school  committee,  of  the  city  or  town  where  the 
child  to  Avhom  it  is  issued  resides  during  his  employment,  or  in 
case  the  child  resides  outside  the  commonwealth,  of  the  city  or 
town  in  which  the  child  is  to  be  employed : provided^  that  no  mem- 
ber of  a school  committee  or  other  person  authorized  as  aforesaid 
shall  have  authority  to  issue  such  certificate  for  any  child  then 
in,  or  about  to  enter,  such  personas  own  employment  or  the  em- 
ployment of  a firm  or  corporation  of  which  he  is  a member, 
officer  or  employee. 

The  person  issuing  employment  certificates  shall  in  each  case, 
before  issuing  a certificate,  receive,  examine,  approve  and  file  the 
following  papers,  duly  executed : — 

(1)  A pledge  or  promise  signed  by  the  employer  or  by  an  au- 
thorized manager  or  superintendent,  setting  forth  the  character 
of  the  employment,  the  number  of  hours  per  day  during  which 
the  child  is  to  be  regularly  employed  and  the  name  and  address 
of  the  employer,  in  which  pledge  or  promise  the  employer  agrees 
to  employ  the  child  in  accordance  with  the  provisions  of  this  act, 
and  to  return  the  employment  certificate  as  provided  in  section 
fifty-seven. 

(2)  The  school  record  of  such  child,  properly  filled  out  and 
signed  as  hereinafter  provided. 

(3)  A certificate  signed  by  a school  or  family  physician,  or  by 
a physician  appointed  by  the  school  committee,  stating  that  the 
child  has  been  thoroughly  examined  by  said  physician  and,  in 
his  opinion,  is  in  sufficiently  sound  health  and  physically  able  to 
perform  the  work  which  the  child  intends  to  do. 

(4)  Evidence  of  age  showing  that  the  child  is  fourteen  years 
of  age,  which  shall  consist  of  one  of  the  following  proofs  of  age: 

(a)  A birth  certificate,  or  a duly  attested  transcript  thereof, 
made  by  a registrar  of  vital  statistics  or  other  officer  charged 
with  the  duty  of  recording  births. 

(b)  A baptismal  certificate,  or  a duly  attested  transcript 
thereof,  showing  the  age  and  date  of  baptism  of  the  child. 

(c)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employ m.ent  certificates 
may  accept  in  lieu  thereof  a passport  or  a duly  attested  immigra- 


112 


tion  record,  or  transcript  thereof,  showing  the  age  of  the  child, 
or  other  official  or  religious  record  of  the  child^s  age:  provided j 
that  it  shall  appear  to  the  satisfaction  of  said  person  that  the 
same  is  good  and  sufficient  evidence  of  the  child^s  age. 

{d)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  certificates 
may  accept  in  lieu  thereof  a record  of  age  as  given  on  the  register 
of  the  school  which  the  child  first  attended  in  the  commonwealth: 
provided,  that  such  record  was  kept  for  at  least  tvvo  years  during 
the  time  when  such  child  attended  school. 

(e)  In  case  none  of  the  aforesaid  proofs  of  age  is  obtainable, 
and  only  in  such  case,  the  person  issuing  employment  certificates 
may  receive  the  signed  statement  of  the  school  physician,  or  of 
the  physician  appointed  by  the  school  committee,  stating  that, 
after  examination,  it  is  the  opinion  of  such  physician  that  the 
child  is  at  least  fourteen  years  of  age.  Such  physician^s  state- 
ment shall  be  accompanied  by  a statement  signed  by  the  child^s 
parent,  guardian  or  custodian,  or  in  case  such  child  has  no  parent, 
guardian  or  custodian,  the  signed  statement  of  the  next  adult 
friend.  Such  signed  statement  shall  contain  the  name,  date  and 
place  of  birth  and  residence  of  the  child,  and  shall  certify  that 
the  parent,  guardian,  custodian  or  next  friend  signing  the  state- 
ment is  unable  to  produce  any  of  the  proofs  of  age  specified  in 
this  section.  Such  statement  shall  be  signed  in  the  presence  of 
the  person  issuing  employment  certificates  by  the  parent,  guard- 
ian, custodian,  or  next  friend.  The  person  issuing  employment 
certificates  may,  before  issuing  a certificate,  require  the  parent, 
guardian,  custodian,  or  next  adult  friend  of  the  child  to  appear 
and  approve  in  writing  the  issuance  of  said  certificate. 


Acts  of  1913,  Chapter  779,  Section  17,  amended  by  Acts  of  1914,  Chapter  580. 

School  Records.  — Section  17.  The  school  record  required 
by  section  sixteen  of  this  act  shall  be  filled  out  and  signed  by  the 
principal  or  teacher  in  charge  of  the  school  which  the  child  last 
attended  and  shall  be  furnished  only  to  a child  who,  after  due 
examination  and  investigation,  is  found  to  be  entitled  thereto. 
Said  school  record  shall  state  the  grade  last  completed  by  such 
child  and  the  studies  pursued  in  completion  thereof.  It  shall 


113 


state  the  number  of  weeks  during  which  such  child  has  attended 
school  during  the  twelve  months  next  preceding  the  time  of  appli- 
cation for  said  school  record.  It  shall  also  give  the  name,  date 
of  birth,  and  the  residence  of  the  child  as  shown  on  the  records 
of  the  school  and  the  name  of  the  parent,  guardian  or  custodian. 
In  case  it  is  found  to  be  impossible  to  obtain  said  school  record 
from  the  principal  or  teacher  in  charge  of  the  school  which  such 
child  last  attended,  the  requirement  of  a school  record  may  be 
waived. 

No  such  school  record  shall  be  issued  or  accepted  and  no  em- 
ployment certificate  shall  be  granted  unless  the  child  possesses 
the  educational  qualifications  enumerated  in  section  one  of  chap- 
ter forty-four  of  the  Revised  Laws  as  amended  by  section  one 
of  this  act. 

No  such  school  record  shall  be  issued  or  accepted  unless  the 
child  has  regularly  attended  the  public  schools  or  other  lawfully 
approved  schools  for  not  less  than  one  hundred  and  thirty  days 
after  becoming  thirteen  years  of  age : provided^  however,  that  the 
school  record  may  be  accepted  in  the  case  of  a person  who  has 
been  an  attendant  at  a public  day  school  or  other  lawfully  ap- 
proved school  for  a period  of  not  less  than  seven  years,  if  in 
the  opinion  of  said  superintendent  such  person  is  mentally  in- 
capable of  acquiring  the  educational  qualifications  herein  pre- 
scribed; and  provided,  further,  that  the  superintendent  of  schools 
shall  have  authority  to  suspend  this  requirement  in  any  case 
when,  in  his  opinion,  the  interests  of  the  child  will  best  be  served 
by  such  suspension. 


Acts  of  1913,  Chapter  779. 

Contents  of  Employment  Certificates.  — Section  18.  The 
employment  certificate  required  by  this  act  shall  state  the  name, 
sex,  date  and  place  of  birth  and  the  place  of  residence  of  the 
child  and  describe  the  color  of  the  hair  and  eyes  and  any  dis- 
tinguishing facial  marks  of  the  child.  It  shall  certify  that  the 
child  named  in  such  certificate  has  personally  appeared  before 
the  person  issuing  the  certificate  and  has  been  examined  and 
found  to  possess  the  educational  qualifications  enumerated  in 
section  one  of  chapter  forty-four  of  the  Revised  Laws,  as  amended 


114 


by  section  one  of  this  act,  and  that  all  the  papers  required  by 
section  fifty-eight  have  been  duly  examined,  approved  and  filed 
and  that  all  the  conditions  and  requirements  for  issuing  an  em- 
ployment certificate  have  been  fulfilled.  It  shall  state  the  grade 
last  completed  by  said  child.  Every  such  certificate  shall  be 
signed  in  the  presence  of  the  person  issuing  the  same  by  the  child 
in  whose  name  it  is  issued.  It  shall  state  the  name  of  the  em- 
ployer for  whom,  and  the  nature  of  the  employment  in  which, 
the  certificate  authorizes  the  child  to  be  employed.  It  shall  bear 
a number,  show  the  date  of  its  issue  and  shall  be  signed  by  the 
person  issuing  it.  No  fee  shall  be  exacted  for  an  employment 
certificate  or  for  any  of  the  papers  required  by  this  act.  Dupli- 
cate employment  certificates  shall  not  be  issued  until  it  shall 
appear  to  the  satisfaction  of  the  person  authorized  to  issue  cer- 
tificates that  the  original  certificate  has  been  lost.  A record  giv- 
ing all  the  facts  contained  on  every  employment  certificate  issued 
shall  be  filed  in  the  office  issuing  the  same,  together  with  the 
papers  required  by  section  fifty-eight  as  amended.  A record 
shall  also  be  kept  of  the  names  and  addresses  of  all  children  to 
whom  certificates  have  been  refused,  together  with  the  names  of 
the  schools  which  said  children  should  attend  and  the  reasons 
for  refusal.  All  the  aforesaid  records  and  papers  shall  be  pre- 
served until  such  children,  if  living,  shall  have  become  sixteen 
years  of  age.  Such  records  and  statistics  concerning  the  issuance 
of  employment  certificates  as  may  be  prescribed  by  the  board 
of  education  shall  be  kept  and  shall  be  open  to  the  inspection  of 
said  board,  its  officers  or  agents.  The  blank  certificates  and 
other  papers  required  in  connection  with  the  issuing  of  employ- 
ment certificates  and  educational  certificates  under  this  act  shall 
be  designed  by  and  furnished  to  the  local  school  committees  by 
the  state  board  of  labor  and  industries  after  conference  with  the 
board  of.  education,  and  the  approval  of  the  forms  thereof  by 
the  attorney-general.  Said  certificates  and  papers  may  bear  such 
further  and  explanatory  matter  as  may  be  needed  to  facilitate  the 
enforcement  of  this  act  or  to  comply  with  future  legislative  re- 
quirements. 


115 


Acts  of  1913,  Chapter  779,  Section  19,  amended  by  Acts  of  1915,  Chapter  70  (General). 

Penalty  for  Illegal  Employment.  — Whoever  employs  a 
person  under  the  age  of  sixteen  years,  and  whoever  procures  or, 
having  under  his  control  a person  under  sixteen  years  of  age, 
permits  such  person  to  be  employed  in  violation  of  the  provisions 
of  sections  fifty-six  or  fifty-seven  of  this  act,  shall  for  each 
offence  be  punished  by  a fine  of  not  less  than  ten  dollars  nor 
more  than  fifty  dollars,  or  by  imprisonment  for  not  more  than 
thirty  days;  and  whoever  continues  to  employ  a person  under 
sixteen  years  of  age  in  violation  of  the  provisions  of  either  of 
said  sections,  after  being  notified  thereof  by  a school  attendance 
officer  or  by  an  inspector  appointed  by  the  state  board  of  labor 
and  industries,  shall  for  every  day  thereafter  while  such  employ- 
ment continues  be  punished  by  a fine  of  not  less  than  fifty  nor 
more  than  two  hundred  dollars,  or  by  imprisonment  for  not 
more  than  sixty  days;  and  whoever  forges,  or  procures  to  be 
forged,  or  assists  in  forging  a certificate  of  birth  or  other  evi- 
dence of  the  age  of  such  person,  and  whoever  presents  or  assists 
in  presenting  a forged  certificate  or  evidence  of  birth  to  the 
superintendent  of  schools  or  to  a person  authorized  by  law  to 
issue  certificates,  for  the  purpose  of  fraudulently  obtaining  the 
employment  certificate  required  by  this  act,  shall  be  punished  by 
a fine  of  not  less  than  ten  nor  more  than  five  hundred  dollars, 
or  by  imprisonment  for  not  more  than  one  year,  or  by  both  such 
fine  and  imprisonment.  Whoever,  being  authorized  to  sign  an 
employment  certificate,  knowingly  certifies  to  any  materially  false 
statement  therein  shall  be  punished  by  a fine  of  not  less  than  ten 
nor  more  than  two  hundred  dollars.  Whoever,  without  authority, 
alters  an  employment  certificate  after  the  same  is  issued  shall  be 
punished  by  a fine  of  ten  dollars. 


Acts  of  1913,  Chapter  779. 

Powers  and  Duties  of  Attendance  Officers  and  of  Indus- 
trial Inspectors.  — Section  20.  Attendance  officers  may  visit 
the  factories,  workshops,  manufacturing,  mechanical  and  mercan- 
tile establishments,  theatres,  and  places  of  public  exhibition  in 
their  several  cities  and  towns  and  ascertain  whether  any  children 


116 


are  employed  therein  contrary  to  the  provisions  of  this  act  and 
shall  report  in  writing  any  cases  of  such  illegal  employment  to 
the  superintendent  of  schools  or  the  school  committee  and  to  the 
state  board  of  labor  and  industries  or  its  authorized  officers  or 
agents.  Inspectors  appointed  by  the  state  board  of  labor  and 
industries  shall  visit  all  factories,  workshops,  manufacturing, 
mechanical  and  mercantile  establishments  within  their  respective 
districts,  and  ascertain  whether  any  children  are  employed  therein 
contrary  to  the  provisions  of  this  act,  and  shall  enter  complaint 
against  whomever  is  found  to  have  violated  any  of  said  provi- 
sions. An  inspector  who  knowingly  or  wilfully  violates  any 
provision  of  this  section  may  be  punished  by  a fine  of  not  more 
than  one  hundred  dollars. 

Section  21.  An  attendance  officer  shall  apprehend  and  take 
to  school,  without  a warrant,  any  child  under  the  age  of  twenty- 
one  years  who  is  em*ployed  in  any  factory,  workshop,  manufac- 
turing, mechanical  or  mercantile  establishment  in  violation  of  the 
provisions  of  this  act,  or  who  is  employed  in  any  theatre  or  place 
of  public  exhibition  contrary  to  the  provisions  of  this  act,  and 
such  attendance  officer  shall  forthwith  report  to  the  police,  dis- 
trict or  municipal  court  or  trial  justice  within  whose  judicial 
district  the  illegal  employment  occurs,  the  evidence  in  his  pos- 
session relating  to  the  illegal  employment  of  any  child  so  appre- 
hended, and  shall  make  complaint  against  whomever  the  court  or 
trial  justice  may  direct.  An  attendance  officer  who  knowingly 
and  wilfully  violates  any  provision  of  this  section  may  be  pun- 
ished by  a fine  of  not  more  than  one  hundred  dollars  for  each 
offence. 

Section  22.  Inspectors  appointed  by  the  state  board  of  labor 
and  industries,  agents  of  the  board  of  education  and  attendance 
officers  may  require  that  the  employment  or  educational  certifi- 
cates and  lists  of  children  who  are  employed  in  factories,  work- 
shops, manufacturing,  mechanical  or  mercantile  establishments 
shall  be  produced  for  their  inspection.  A failure  to  produce  to 
any  person  authorized  by  this  section  who  requests  the  same  an 
employment  or  educational  certificate  or  list  required  by  law  shall 
be  prima  facie  evidence  of  the  illegal  employment  of  any  person 
whose  certificate  is  not  produced  or  wdiose  name  is  not  so  listed. 


117 


A corporation  or  other  employer,  or  any  agent  or  officer  thereof, 
who  retains  an  employment  or  educational  certificate  in  violation 
of  the  provisions  of  this  act  shall  be  punished  by  a fine  of  not 
less  than  ten  nor  more  than  one  hundred  dollars. 

Educational  Certificates,  — Section  23.  No  child  who  is 
over  sixteen  and  under  twenty-one  years  of  age  shall  be  em- 
ployed in  a factory,  workshop,  manufacturing,  mechanical  or  mer- 
cantile establishment  unless  his  employer  procures  and  keeps  on 
file  an  educational  certificate  showing  the  age  of  the  child  and  his 
ability  or  inability  to  read  and  write  as  hereinafter  provided. 
Such  certificates  shall  be  issued  by  the  person  authorized  by  this 
act  to  issue  employment  certificates. 

The  person  authorized  to  issue  such  educational  certificates  shall, 
so  far  as  is  practicable,  require  the  proof  of  age  stated  in  section 
fifty-eight.  He  shall  examine  the  child  and  certify  whether  or 
not  he  possesses  the  educational  qualifications  enumerated  in  sec- 
tion one  of  chapter  forty-four  of  the  Revised  Laws,  as  amended. 
Every  such  certificate  shall  be  signed  in  the  presence  of  the  person 
issuing  the  same  by  the  child  in  whose  name  it  is  issued. 

Every  employer  of  such  children  shall  keep  their  educational 
certificates  accessible  to  any  officer  authorized  to  enforce  the  pro- 
visions of  this  act  and  shall  return  said  certificates  to  the  office 
from  which  they  were  issued  within  two  days  after  the  date  of 
the  termination  of  the  employment  of  said  children.  If  the  edu- 
cational certificate  of  any  child  who  is  over  sixteen  and  under 
twenty-one  years  of  age  fails  to  show  that  said  child  possesses 
the  educational  qualifications  enumerated  in  section  one  of  chapter 
forty-four  of  the  Revised  Laws,  as  amended,  then  no  person  shall 
employ  such  child  while  a public  evening  school  is  maintained  in 
the  city  or  town  in  which  the  child  resides,  unless  such  child  is  a 
regular  attendant  at  such  evening  school  or  at  a day  school,  and 
presents  to  his  employer  each  week  a school  record  of  such  at- 
tendance. When  such  record  shows  unexcused  absences,  such  at- 
tendance shall  be  deemed  to  be  irregular  and  insufficient.  The 
person  authorized  to  issue  educational  certificates,  or  teachers  act- 
ing under  his  authority,  may,  however,  excuse  justifiable  absence. 
Whoever  employs  a child  in  violation  of  the  provisions  of  this 
section  shall  forfeit  not  more  than  one  hundred  dollars  for  each 


118 


offence,  to  the  use  of  the  evening  schools  of  such  city  or  town. 
A parent,  guardian  or  custodian  who  permits  a child  to  be  em- 
ployed in  violation  of  the  provisions  of  this  section  shall  forfeit 
not  more  than  twenty  dollars,  to  the  use  of  the  evening  schools  of 
such  city  or  town. 

Industrial  Schools  excepted.  — Section  24.  Nothing  in  this 
act  shall  be  construed  to  prevent  children  of  any  age  from  receiv- 
ing manual  training  or  industrial  education  in,  or  in  connection 
with,  any  school  in  this  commonwealth:  provided^  that  the  same 
has  been  duly  approved  by  the  local  school  committee  or  by  the 
board  of  education. 

Repeal.  — Section  25.  Chapter  three  hundred  and  eighty- 
nine  of  the  acts  of  the  year  nineteen  hundred  and  six  and  chapter 
three  hundred  and  ten  of  the  acts  of  the  year  nineteen  hundred 
and  eleven  and  all  acts  and  parts  of  acts  inconsistent  with  the 
provisions  of  this  act  are  hereby  repealed. 


119 


TABLE  OF  STATUTES. 


R.  L. 


8, 

§ 5, 

clause  9, 

42, 

§ 11. 

44, 

§ 1. 

65, 

§ 18, 

75, 

§ 28, 

98, 

§ 16, 

108 

. §8, 

155 

, § 1. 

212, 

1905,  320. 

1906,  165, 
383, 
463, 

1907,  410, 
413, 
537, 
577, 

1908,  150, 
325, 

1909,  514. 


j2, 

?3, 

?4, 

|6, 
i 18, 
f 19, 
i 52, 

i§  1.  2. 

! 89, 

1,  2, 

(§  3,  5, 

I 1. 

(§  1-3. 
' 17, 

f 18, 

' 19, 

' 20, 

' 21, 

I 24, 
25, 

I 26, 

I 27, 

t 28, 

■ 29, 

I 30, 

I 31, 
f 33, 

! 36, 
f 37, 

! 38, 


57 

1909,  514,  § 40, 

51 

20 

§ 41, 

51 

18 

§ 43, 

52 

33 

§ 44, 

54 

64 

§ 45, 

92 

57 

§ 48, 

44 

91 

§49, 

46 

43 

§ 50, 

46 

43 

§ 51, 

47 

43 

§ 52, 

57 

43 

§ 53, 

52 

43 

§ 54, 

53 

44 

§ 55, 

53 

44 

§ 56, 

30 

44 

§ 59, 

23 

34 

§ 61, 

40 

18 

§ 67, 

49 

67 

§ 68. 

49 

18 

§ 69, 

49 

33 

§ 70, 

50 

67 

§71, 

50 

91 

§ 72, 

49 

61 

§ 73, 

41 

57 

§ 76, 

41 

67 

§ 77, 

42 

70 

§ 78, 

64 

96 

§ 79, 

65 

90 

§ 80, 

66 

86 

§ 81, 

66 

93 

§82, 

66 

80 

§ 83, 

61 

85 

§ 84, 

62 

89 

§ 85, 

62 

90 

§ 86, 

68 

89 

§ 87, 

69 

87 

§ 88, 

69 

87 

§ 89, 

69 

86 

§ 90, 

70 

86 

§ 91, 

74 

93 

§ 92. 

74 

95 

§93, 

93 

51 

§ 94, 

74 

51 

§ 95, 

75 

120 


PAGE 

PAGE 

514,  § 96,  . 

75 

1912, 

528, 

. 55 

§ 100,  . 

76 

533, 

§§2-4, 

53-54 

§ 101.  . 

75 

545, 

. 89 

§ 102,  . 

67 

653, 

§§  1-3, 

. 47 

§ 103,  . 

68 

726, 

§§  1-15, 

7 

§ 104,  . 

63 

1913, 

359, 

. 56 

§ 106,  . 

77 

365, 

. 46 

§ 107,  . 

78 

426, 

§ 1,  . 

. 48 

§ 108.  . 

78 

426, 

§2,  . 

. 48 

§ 109,  . 

78 

467, 

§§  1-4, 

. 22 

§ no.  . 

78 

472, 

. 64 

§ 111.  . 

79 

619, 

§§  1-7, 

. 57 

§112,  . 

80 

655, 

§ 20,  . 

. 94 

§ 113,  . 

81 

758, 

. 44 

§ 114,  . 

83 

766, 

§§  1.  2, 

. 62 

§ 115.  . 

84 

779, 

§ 1.  . 

18 

§ 116,  . 

84 

§ 14,  . 

. 30 

§ 117.  . 

85 

§ 15,  . 

. 29 

§ 118.  . 

85 

§ 16,  . 

. 26 

§ 119,  . 

83 

§ 17,  . 

23 

§ 120,  . 

83 

§ 18,  . 

. 28 

249, 

40 

§ 19,  . 

. 40 

259,  § 1, 

66 

§ 20,  . 

. 36 

259,  § 2, 

66 

§ 21,  . 

. 37 

350, 

80 

§ 22,  . 

. 29 

445. 

88,  89 

§ 23,  . 

. 24 

543,  §§  1-7, 

70 

§24,  . 

. 25 

136,  . 

57 

§ 25,  . 

. 25 

151,  . 

56 

1-25,  Appendix 

101-118 

208, 

80 

805, 

§§  1-7, 

. 20 

229, 

48 

806, 

§ 13,  . 

74-75 

241,  . 

96 

813, 

§§  1-14, 

14 

249.  §§  1,  2, 

82 

831, 

§ 1,  . 

. 30 

263,  . 

84 

§ 2,  . 

. 30 

281,  §§  1,  2, 

68 

§3,  . 

. 31 

313,  § 1,  . 

47 

§4.  . 

. 31 

484,  . 

44 

§ 5, 

. 32 

494,  §§  1-4, 

51 

§ 6,  . 

. 32 

584,  . 

85 

§ 7,  . 

. 32 

603,  §§  1-3, 

63 

§8,  . 

. 33 

96, 

49 

§9,  . 

. 33 

191,  . 

96 

§ 10,  . 

. 33 

318.  . 

74 

§ 11.  . 

. 34 

358,  . 

91 

§ 12,  . 

. 34 

452,  . 

47 

§ 13,  . 

. 34 

477.  . 

44 

§ 14,  . 

. 34 

495,  . 

87 

§ 15,  . 

. 35 

121 


PAGE 

1913,  831,  § 16.  ...  35 

§ 17,  . . .35 

§ 18,  . . .36 

§ 19,  . . .36 

§ 20.  . . .37 

§ 21,  . . .38 

§ 22,  . . .38 

§ 23,  . . .38 

§ 24,  . . .39 

§ 25,  . . .39 

§ 26,  . . .39 

§ 27,  . . . 40 

§ 28,  . . .40 

833,  §§  1-3,  . . 53 

1914,  164 65 

217,  ....  59 

241 48 

247,  ....  80 

263 94 

316 30 

328,  § 1,  ...  65 

§ 2,  . . 61,  74 

§ 3,  . . .74 

347,  ...  88,  89 

455,  ....  55 

474,  §§  1,  2,  . . 80 

533 12 


PAGE 


1914,  557,  . 

64 

566,  . . . 

93 

580,  . 

23 

590,  . 

20 

600,  §§  1-5, 

92 

623,  . 

54 

688,  §§  1-3, 

55 

723,  §§  1,  2, 

59 

726,  . 

65 

746,  §§  1,  2. 

54 

778,  §§1-3, . 

94 

1915,  27,  General, 

48 

57,  General, 

44 

60,  General, 

59 

69,  General, 

70 

70,  General, 

40 

74,  General, 

10 

75,  General, 

80 

81,  §§  1,  2,  General, 

18 

94,  General, 

19 

108,  General, 

89 

116,  General, 

69 

117,  General, 

64 

214,  General, 

82 

216,  General, 

64 

277,  General, 

53 

288,  General, 

56 

INDEX. 


Il^DEX. 


PAGE 

Preface, 5 

State  Board  of  Labor  and  Industries:  7 

Appointment,  .........  7 

Commissioner  of  Labor,  ........  7 

Salaries,  Expenses,  Offices,  .......  7 

Investigation,  .........  8 

Enforcement  of  Laws,  ........  8 

Deputy  Commissioners,  ........  9 

Inspectors  and  Clerical  Assistants,  ......  10 

Inspection  Districts,  . . . . . . . .11 

Gratuities,  . . . . . . . . . .11 

Inspectors  to  possess  Certain  Police  Powers,  . . . .11 

Transfer  of  Inspectors,  . . . . . . . .11 

Annual  Report,  .........  12 

Repeal  of  Inconsistent  Acts,  .......  13 

Joint  Board  of  Labor  and  Industries  and  Industrial  Accident  Board: 
Powers  and  Duties,  ........  14 

Hearings,  ..........  14 

Committees,  ..........  14 

Joint  Work,  ..........  14 

Industrial  Disease,  ........  15 

Chairman,  ..........  15 

Inspectors,  ..........  15 

Joint  Board  Rulings  shall  prevail,  ......  16 

Annual  Estimate  of  Expenses,  ......  16 

Definitions,  .........  16,  94 

Penalty  for  Violation,  ........  17 

Repeal  of  Inconsistent  Acts,  .......  17 

Minors : 

Education: 

Compulsory  School  Attendance  for  Children  of  Certain  Ages,  . 18 

Transfer  Cards  for  Public  School  Pupils,  .....  19 

Public  Evening  Schools,  . . . * . . . . .20 

Continuation  Schools,  ........  20 

School  Attendance  and  Employment  of  Illiterate  Minors,  . . 22 

School  Records,  . . . . . . . . .23 

Educational  Certificates,  .......  24 

Industrial  Schools  excepted,  . . . . . . .25 

Repeal  of  Inconsistent  Acts,  .......  25 


126 


Minors  — Con. 

Employment  Certificates:  page 

Issuance,  . . . . . . . ..  . .26 

Contents,  ..........  28 

Employment  Certificates,  .......  29 

Inspection  of  Employment  Certificates,  .....  29 

Charging  of  Fees  for  Certificates  prohibited,  . . . .30 

Employment: 

Minors  under  Fourteen,  ........  30 

Minors  under  Sixteen,  ........  30 

Minors  under  Eighteen,  ........  32 

Persons  under  Twenty-one,  .......  32 

Sales  by  Children  upon  Street  Cars,  .....  33 

Minors  under  Fifteen  Years  peddling  without  License,  . . 33 

Employing  Children  to  beg,  .......  34 

Street  Trades,  .........  34 

Time  Notice  for  Minors,  . . . . . . .35 

Enforcement,  .........  36 

Powers  and  Duties  of  Attendance  Officers  and  Industrial  Inspec- 
tors, ...........  36 

Hours  of  Labor,  Time  Notices,  etc.,  .....  44 

Night  Employment  in  Manufacturing,  .....  47 

Penalties,  ..........  37 

Repeal  of  Previous  Inconsistent  Acts,  .....  40 

Educational  Certificates,  .......  24 

Employment  Certificates,  .......  29 

Employment  of  Illiterate  Minors,  ......  22 

Penalty  for  Illegal  Employment  and  for  altering  Certificates,  40 

Public  Exhibition  of  Children,  ......  41 

Miscellaneous  : 

Children  forbidden  to  clean  Machinery  in  Motion,  . . .41 

Seats  for  Children,  ........  49 

Meal  Hours  for  Young  Persons,  ......  49 

Duties  of  Inspectors  regarding  Health  of  Minors,  . . .61 

Women  and  Minors: 

Apprenticeship  : 

Male  and  Female  Minors  as  Apprentices  or  Servants,  . . 43 

Certain  Minors  may  be  bound  by  Overseers  of  Poor,  . . .43 

Indenture  to  be  made,  ........  43 

Discharge  of  Apprentice  by  Death  of  Master  or  Mistress,  . . 44 

Employment: 

Hours  of  Labor,  Time  Notices,  etc.,  .....  44 

Certain  Places  exempt  from  Posting  Time  Notices,  . . .46 

Penalties,  Form  of  Complaint,  etc.,  ......  46 

Employment  of  Women  and  Children  in  Workshops  connected 
with  Mercantile  Establishments,  ......  47 

Night  Employment  in  Manufacturing,  .....  47 

Employment  of  Women  in  Core-rooms,  .....  47 

Employment  of  Pregnant  Women,  ......  48 


127 


Women  and  Minors  — Con. 

Miscellaneous:  page 

Moving  by  Women  of  Boxes  and  Other  Receptacles,  . . .48 

Seats  for  Women  and  Children,  ......  49 

Meal  Hours  for  Women  and  Young  Persons,  . . . .49 

Duties  of  Inspectors  regarding  Health  of  Minors,  . . .61 

Labor : 

Hours: 

Hours  for  Public  Employees,  . . . . . . .51 

Hours  for  Officers,  Instructors  and  Employees  of  State  Penal 
Institutions,  .........  52 

Hours  for  Employees  of  County  Jails  and  Houses  of  Correction,  53 

Hours  for  Employees  of  Street  Railways,  .....  53 

Hours  for  Certain  Employees  in  and  about  Railroad  Stations,  . 54 

Hours  for  Certain  Employees  of  Counties,  . . . .54 

Hours  for  Members  of  Fire  Departments,  . . . .54 

Hours  for  Women  and  Children  under  Eighteen,  . . .44 

Half  Holidays: 

Half  Holiday  for  Certain  State  Employees,  . . . .55 

Half  Holiday  for  Laborers,  Workmen  and  Mechanics  employed 
by  the  Commonwealth,  .......  55 

Legal  Holidays: 

Labor  on  Legal  Holidays,  .......  56 

Time  lost  by  Reason  of  Legal  Holiday,  .....  56 

One  Day’s  Rest  in  Seven: 

“Lord’s  Day”  defined,  ........  57 

Sunday  Labor,  .........  57 

One  Day’s  Rest  in  Seven,  .......  57 

Days  of  Rest  for  Certain  Railroad  Employees,  . . . .59 

Vacations: 

Vacations  of  Laborers  employed  by  Cities  and  Towns,  . . 59 

Health: 

Inspection: 

Duties  of  Inspectors  regarding  Health  of  Minors,  . . .61 

Lighting,  Ventilation  and  Cleanliness: 

Rules  and  Regulations,  . . . . . . . .61 

Ventilation,  ^ . 61 

Lighting,  ..........  62 

Issuance  of  Printed  Matter  on  Protection  of  Eyes,  . . .63 

Cleaning  of  Presses  by  Publishers  and  Printers,  . . .64 

Sanitation  of  Bakeries,  ........  64 

Drinking  Water,  .........  64 

Medical  Chest  and  Room  for  Injured  or  Sick  Employees,  . . 64 

Toilet  Facilities: 

Toilets  to  be  provided,  ........  65 

Defacing  of  Toilet  Appliances,  ......  65 

Making  of  Changes,  ........  66 

Notice  of  Neglect  or  Fault  to  be  sent  to  the  Board  of  Health  by 
Inspectors,  .........  66 


128 


Health  — Con. 


Toilet  Facilities — Con, 

PAGE 

Penalty,  . . . . . . , ^ 

66 

Room  in  which  Men  may  change  their  Clothes, 

67 

Expectoration  : 

Expectoration,  ....... 

67 

Penalty,  ........ 

67 

Receptacles,  ........ 

68 

Suction  Shuttles: 

Suction  Shuttles,  ....... 

68 

Dust: 

Ventilation,  ........ 

61 

Protection  from  Dust,  ...... 

68 

Penalty,  ........ 

69 

Humidity  : 

Humidity  in  Factories  and  Workshops, 

70 

Humidity  in  Textile  Factories,  .... 

70 

Dangerous  Machinery: 

Guarding,  Communication,  etc.: 

Guarding  of  Machinery,  ...... 

74 

Communication  with  Engineer’s  Room, 

74 

Protection  from  Flying  Shuttles,  .... 

75 

Traversing  Machinery  in  Cotton  Factories, 

75 

Hatchways  and  Other  Openings  to  be  protected. 

75 

Explosives  and  Inflammables,  ..... 

76 

Children  Forbidden  to  clean  Machinery  in  Motion, 

41 

Homework : 

Tenement  House  Clothing,  ..... 

77 

General : 

Wages,  Fines,  etc.: 

Prevailing  Rate  of  Wages,  ..... 

80 

Preference  of  Citizens,  ...... 

92 

Weekly  Payment  of  Wages,  ..... 

80 

Pay  Day,  ........ 

82 

Deductions  for  Stopping  of  Machinery, 

83 

Discharge  without  Notice,  ..... 

83 

Specifications  for  Weavers,  ..... 

83 

Penalty,  ........ 

85 

Fines  for  Imperfect  Weaving,  ..... 

85 

Employer  may  not  impose  Bond  in  Certain  Cases, 

85 

Trade  Unions: 

Registration  of  Union  Insignia,  .... 

86 

Exempt  from  Insurance  Laws,  .... 

86 

Coercion  as  to  joining  Union,  ..... 

86 

Influencing,  Procuring  and  Advertising  for  Employees: 

Corrupt  Influencing  of  Employees,  .... 

87 

Procuring  of  Employees  during  Strike, 

8.8 

Fraudulent  Advertising  for  Help,  .... 

89 

Solicitation  by  Public  Officials,  .... 

89 

129 


General  — Con. 

Influencing,  Procuring  and  Advertising  for  Employees — Con.  page 

Intimidation  of  Employees,  .......  90 

Interference  with  Employment  because  of  Service  in  Militia,  . 91 

General  Duties  of  Inspectors: 

Powers  and  Duties,  . . . . . . . .91 

Preference  of  Citizens,  .......  92 

Miscellaneous  : 

Time  allowed  for  Voting,  .......  92 

Use  of  Bells  and  Whistles  by  Manufacturers,  . . . .93 

Lodgings  of  Public  Employees,  ......  93 

Locked  Doors  prohibited,  .......  93 

Case  of  only  One  Egress,  .......  94 

Posting  Information  in  Industrial  Establishments,  . . .94 

Limiting  the  Issue  of  Injunctions,  ......  94 

General  Penalty,  . . . . . * . . . .95 

Definitions,  .........  16,  96 

Appendix : 

An  Act  relative  to  School  Attendance  and  to  the  Employment  of 
Minors,  ..........  101 

Table  of  Statutes, 119 


